The court considered an allegation that the defendant had conspired to make a false charge against another.
Held: If the object of the conspiracy is extortion then the truth or falsity of the charge is immaterial. It was permissible for a defendant to be convicted of one charge after indictment on another, where the second charge was explicitly alleged as part of the first. All the facts charged in the indictment need not be proved; provided the facts proved constituted an offence of which by law the offender might be convicted on the indictment.
Citations:
(1825) 4 B and C 329, [1825] 6 Dow and Ry 345, [1825] 107 ER 1081
Cited by:
Applied – Rex v O’Brien 1911
The charge was of riot but that charge included an allegation of assault. The appellant was acquitted of riot but convicted of common assault and the conviction was upheld. The second charge was explicitly part of the original allegation. . .
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 . .
Cited – Regina v Cotter and Others CACD 10-May-2002
The defendants appealed against convictions for conspiracy to pervert the course of justice. They said that the fact that an investigation followed a false allegation was insufficient to found a complaint, and that the extent of the crime was so . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Crime
Updated: 29 April 2022; Ref: scu.183252