The defendants were convicted of a mortgage fraud. They appealed saying they had not been dishonest. They had signed forms, but they then had been completed by others, and that it had been those further replies which were dishonest. The original convictions had been for obtaining by deception, but those convictions could not stand following Preddy. Could the court substitute conspiracy to defraud?
Held: In this case no agreement had been alleged or proved by the prosecution on which a conspiracy could be founded, and moreover the only two against who allegations were made were the defendants, and a conspiracy was not sustainable only as between a husband and wife.
Citations:
[1997] EWCA Crim 1825
Statutes:
Theft Act 1968 15, Criminal Appeal Act 1968 3(1), Criminal Law Act 1977 2(2), 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 . .
Cited – Regina v Wilson (Clarence); Regina v Jenkins HL 1983
The court considered the application of the section on alternative verdicts available to juries on a trial for attempted murder. The allegations in a charge under section 20 of the Offences against the Person Act 1861 or under section 9(1)(b) of the . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Crime, Criminal Practice
Updated: 11 October 2022; Ref: scu.151280
