Where a general conspiracy is charged in a single count, it is not bad for duplicity only because the evidence offered to prove it includes proof of the subsidiary conspiracies entered into in carrying out the general conspiracy. Duplicity is a matter of form, not a matter relating to the evidence called to support the count.
Where, at the end of the case there is evidence upon which the accused could lawfully have been convicted of the conspiracy charged (even if there was also evidence of the existence of a different conspiracy), the trial judge is bound to allow the case to go to the jury.
Judges:
Lawton LJ
Citations:
(1973) 57 Cr App R 849, [1973] 1 WLR 1151
Jurisdiction:
England and Wales
Cited by:
Cited – Mehta v Regina CACD 31-Dec-2012
The defendant appealed against his conviction for conspiracy to defraud. His co-defendant and alleged co-conspirator had been acquitted.
Held: The appeal against conviction failed. The defence knew that they were going to have to deal with the . .
Cited – Bhatti and Others v Regina CACD 30-Jul-2015
The defendants appealed against their convictions for conspiracy to facilitate breaches of immigration law, saying that they had been based on evidence obtained by the police from credit reference agencies in breach of their rights under the 1984 . .
Lists of cited by and citing cases may be incomplete.
Crime, Criminal Practice
Updated: 15 September 2022; Ref: scu.467722