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 deception) took place within the UK, and provided there was no offence to international comity, the court here could hear such a case. Convictions for obtaining services by deception were substituted for the property convictions, but otherwise the appeal was dismissed. The common law had to be allowed to develop. The court had to decide between Smith and Manning. Smith was preferred. Substitutional convictions were imposed.
Judges:
The Lord Chief Justice of England And Wales, Mr Justice Richards And Mr Justice Henriques
Citations:
[2004] EWCA Crim 631, Times 29-Mar-2004, [2004] QB 1418, [2004] 2 Cr App R 17, [2004] 3 WLR 229
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals) HL 10-Jul-1996
The appellants were said to have made false mortgage applications. They appealed convictions for dishonestly obtaining property by deception.
Held: A chose in action created by an electronic bank transfer was not property which was capable of . .
Cited – Regina v Lambert HL 5-Jul-2001
Restraint on Interference with Burden of Proof
The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was . .
See also – Regina v Smith (Wallace Duncan) (No 1) CACD 13-Nov-1995
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 . .
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 . .
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 . .
Cited – Regina v Roberts 1990
. .
Cited – Regina v Berry (No 2) 1991
. .
Cited – Poole and Mills v Regina CACD 17-Jun-2003
The case was a reference from the Criminal Cases Review Commission. The defendants had been convicted in 1990 of murder. The House of Lords had dismissed an earlier appeal. Police officers had allowed statements to be put forward which were false in . .
Cited – Regina v Cooke CACD 24-Jan-1997
The defendant had been convicted of a mortgage fraud, but sought leave to appeal out of time in the light of Preddy.
Held: ‘In the light of Graham and upon our reading of section 1 of the 1978 Act we consider that the wording of subsection (2) . .
Cited – Regina v Hawkins (Paul) CACD 2-Aug-1996
The defendant sought leave to appeal out of time after a guilty plea.
Held: Leave was not granted despite a subsequent ruling on the Theft Act, which showed the basis of the original plea to have been wrong in law. No injustice had been shown, . .
Cited – Regina v Halai CACD 15-Jul-1982
The defendant went to his solicitor, who was also an agent of a building society, to raise a mortgage to purchase a house. The defendant gave false details in the form which was intended to induce the building society to make an advance. He signed . .
Cited – Regina v Teong Sun Chuah CACD 1991
. .
Cited – Regina v Hawkins (Paul) CACD 2-Aug-1996
The defendant sought leave to appeal out of time after a guilty plea.
Held: Leave was not granted despite a subsequent ruling on the Theft Act, which showed the basis of the original plea to have been wrong in law. No injustice had been shown, . .
Cited – Director of Public Prosecutions v Doot HL 1973
The defendants were charged with conspiracy to import dangerous drugs into the United Kingdom. Their counsel submitted that they could not be tried in England since the conspiracy had been formed abroad.
Held: There could be no breach of any . .
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 . .
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.
Crime, Jurisdiction
Updated: 10 June 2022; Ref: scu.194905
