The defendant had been employed in the probate registry, and sought by deception to conspire with others to use the information he obtained to obtain money from estates. He appealed, saying that the court should not have convicted him of obtaining following the case of Preddy.
Held: The judge should have withdrawn the allegation of obtaining electronic funds. What charge might then be substituted, if any. The first question is whether the allegations contained in the count in respect of which the conviction is quashed expressly or impliedly amount to an allegation of another offence, or expressly or impliedly include an allegation of another offence. If so, had the jury necessarily found the factual elements of the second offence? ‘There is no count in this case which can properly be substituted for that which the court was impelled by virtue of the clarification of the law effected by the case of Preddy to quash.’ The conviction was quashed.
Citations:
[1997] EWCA Crim 1733
Statutes:
Criminal Appeal Act 1968 3, Criminal Law Act 1967 6
Jurisdiction:
England and Wales
Citing:
Applied – Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals) HL 10-Jul-1996
The appellants were said to have made false mortgage applications. They appealed convictions for dishonestly obtaining property by deception.
Held: A chose in action created by an electronic bank transfer was not property which was capable of . .
Followed – Regina v Graham, Kansal, etc CACD 25-Oct-1996
The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe.
Held: After studying the authorities at length, the court felt that the various . .
Cited – Regina v Cooke CACD 24-Jan-1997
The defendant had been convicted of a mortgage fraud, but sought leave to appeal out of time in the light of Preddy.
Held: ‘In the light of Graham and upon our reading of section 1 of the 1978 Act we consider that the wording of subsection (2) . .
Cited by:
Cited – Regina v Morrison CACD 20-May-2003
The defendant appealed a conviction for attempting to cause grievous bodily harm. He had faced trial on a charge of attempted murder, and the judge had left open to the jury the alternative of the offence for which he had been convicted.
Held: . .
Cited – Holmes v Governor of Brixton Prison and Another Admn 20-Aug-2004
The applicant sought his release from imprisonment where he awaited extradition to Germany. He was suspected of an offence of deception. He said there was insufficient evidence that the offence alleged would be an offence here. The alleged offence . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 11 October 2022; Ref: scu.151188
