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) was, prior to the 18 December 1996, in any event apt to cover the inducement of a financial institution to advance money by way of loan in any case in which the institution and the borrower both expect that payment will be made in the form of interest charges and arrangement fee or both.’


Potter LJ


[1997] EWCA Crim 176, [1997] Crim Law Review 436


Theft Act 1968 15


England and Wales


FollowedRegina 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 . .

Cited by:

CitedRegina v Adebayo CACD 7-Jul-1997
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 . .
CitedSmith (Wallace Duncan), Regina v (No 4) CACD 17-Mar-2004
The defendant appealed convictions for fraudulent trading and obtaining property by deception, saying that the English court could not prosecute an offence committed principally in the US.
Held: Provided some substantial element (here the . .
Lists of cited by and citing cases may be incomplete.


Updated: 09 February 2022; Ref: scu.149631