The offence alleged inducing persons to ‘take part’ in arrangements relating to property under the section. The participation had taken place partly in this country and partly abroad.
Held: If the ‘last constituent element’ is a continuing or complex act, the courts of this country have jurisdiction if any part of that act is committed in England and Wales: ‘lurking behind the question of construction of the statute lies a question as to whether the particular facts of this case which I have summarised disclose any offence that is punishable under English law. To answer this question in the instant case does not, in my view, call for any wide-roving inquiry into the territorial ambit of English criminal law. The offences with which the appellant was charged were ‘result crimes’ of the same general nature as the offence of obtaining goods on credit by false pretences.’ The case was justiciable by an English court if any part of the proscribed result takes place in England.
Judges:
Lord Diplock
Citations:
[1976] AC 35
Statutes:
Prevention of Fraud (Investments) Act 1958 13(1)(b)
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Ellis 1899
In the case of what is a result crime in English Law, the offence is committed in England and justiciable by an English court if any part of the proscribed result takes place in England. The gist of the offence of obtaining by false pretences lies . .
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 29 April 2022; Ref: scu.196556