In the offence of fraudulent trading, ‘creditors’ are those to whom money was owed, including future creditors, not just those who can presently sue. Deceptions practised in UK, but having their effect abroad are prosecutable here. The only feature of the circumstances which had occurred outside England was the transfer of funds to the bank’s New York account. The court applied the comity rule to allow jurisdiction rather than the ‘last act’ rule. ‘In Sansom and others, 92 Cr App R 115, in a judgment delivered by Taylor LJ, Liangsiriprasert was applied by this court in a conspiracy case. We see no distinction, in relation to the principles of jurisdiction, between conspiracy and obtaining by deception. Accordingly the English court had jurisdiction [in this case].
Judges:
Rose J, VP
Citations:
Gazette 06-Dec-1995, Times 13-Nov-1995, Ind Summary 20-Nov-1995, [1996] 2 CAR 1, [1996] 2 Cr App R 1
Statutes:
Companies Act 1985 458, Theft Act 1968 15
Jurisdiction:
England and Wales
Citing:
See also – Regina v Smith, WD CACD 18-May-1999
The Court of Appeal Criminal Division has the discretion to adjourn an appeal, once it becomes clear that the point at issue was a point of law, which was itself the subject of a reference by the Criminal Cases Review Commission. . .
See also – Regina v Smith (Wallace Duncan) (No 3) CACD 28-Nov-2002
The appellant was supported in his appeal by the Criminal Cases Review Commission. In addition the appellant sought to permission raise other grounds of appeal. The prosecution asserted that the court could filter the grounds of appeal already . .
Applied – Somchai Liangsiriprasert v Government of the United States of America PC 1991
(Hong Kong) Application was made for the defendant’s extradition from Hong Kong to the USA. The question was whether a conspiracy entered into outside Hong Kong with the intention of committing the criminal offence of trafficking in drugs in Hong . .
Cited by:
See Also – Regina v Smith, WD CACD 18-May-1999
The Court of Appeal Criminal Division has the discretion to adjourn an appeal, once it becomes clear that the point at issue was a point of law, which was itself the subject of a reference by the Criminal Cases Review Commission. . .
See Also – Regina v Smith (Wallace Duncan) (No 3) CACD 28-Nov-2002
The appellant was supported in his appeal by the Criminal Cases Review Commission. In addition the appellant sought to permission raise other grounds of appeal. The prosecution asserted that the court could filter the grounds of appeal already . .
See also – Smith (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 . .
Overruled – Regina v Manning CACD 24-Jun-1998
The defendant appealed his conviction for obtaining property by deception where part of the offence had taken place abroad.
Held: Smith should be overturned. The last act or terminatory theory remains the binding common law of England and . .
Cited – Purdy, Regina (on the Application of) v Director of Public Prosecutions HL 30-Jul-2009
Need for Certainty in Scope of Offence
The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the . .
Cited – Sheppard and Another, Regina v CACD 29-Jan-2010
The defendants appealed against their convictions for publishing racially inflammatory material. They skipped bail during the trial, were convicted in their absence, and returned after being refused asylum in the US. The convictions related to . .
Lists of cited by and citing cases may be incomplete.
Company, Crime
Updated: 28 April 2022; Ref: scu.88051
