The defendants appealed against their convictions for conspiracy to aid and abet the production of drugs. They sold materials which could be used for the growing of cannabis, but exhibited a notice warning customers against this. They told undercover police however of the profits to be made.
Held: The appeal succeeded. An agreement which amounted to no more than to aid and abet an offence did not constitute a criminal conspiracy. An agreement to aid and abet an offence is not in law capable of constituting a criminal conspiracy under section 1(1) of the 1977 Act.
Lord Phillips of Worth Matravers, Dobbs J, Underhill J
[2008] EWCA Crim 1534, Times 10-Jul-2008, [2008] 3 WLR 1306, [2008] 2 Cr App R 32, [2009] QB 221, [2009] Crim LR 37
Bailii
Criminal Law Act 1977 1
England and Wales
Citing:
Cited – Secretary of State for Social Security v Tunnicliffe CA 1991
Staughton LJ explained the presumption against interpretation of a statute to have retrospective effect: ‘the true principle is that Parliament is presumed not to have intended to alter the law applicable to past events and transactions in a manner . .
Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent of its property . .
Cited – Regina v Hollinshead CACD 1985
The defendants appealed against their convictions for conspiracy to aid an abet a fraud under the 1977 Act.
Held: The appeal succeeded. There was no offence of conspiracy in the form alleged namely to aid and abet, since aiding and abetting . .
Cited – Regina v Hollinshead; Dettlaff, Griffiths HL 2-Jan-1985
The defendants had manufactured boxes whose sole purpose would be to reverse electricity meters. The prosecutor appealed against their acquittal by the CACD on the basis that the offence of conspiracy to aid and abet did not exist, since aiding and . .
Leave to appeal – Kenning, Regina v CACD 23-Apr-2008
Appeal from convictions of possession and supply of cannabis and amphetamines. . .
These lists may be incomplete.
Updated: 23 June 2021; Ref: scu.270944