Offences Involving Property in UK Law
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Woolmington v DPP
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Throughout the web of the English Criminal Law one golden thread is always to be seen that it is the duty of the prosecution to prove the prisoner's guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception. No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained.
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R v Ghosh
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In determining whether the prosecution has proved that the defendant was acting dishonestly, a jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails.
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Jimmie William Frederick Hornal v Neuberger Products Ltd
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Nevertheless the Judge having set the problem to himself he answered it, I think, correctly. He reviewed all the cases and held rightly that the standard of proof depends on the nature of the issue. The more serious the allegation the higher the degree of probability that is required, but it need not, in a civil case, reach the very high standard required by the criminal law. His moral guilt is just as great whatever the form of the action, no matter whether in warranty or in fraud.
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Bell v Lever Bros Ltd
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There are certain contracts expressed by the law to be contracts of the utmost good faith where material facts must be disclosed; if not the contract is voidable. Apart from special fiduciary relationships contracts for partnership and contracts of insurance are the leading instances. In such cases the duty does not arise out of contract; the duty of a person proposing an insurance arises before a contract is made; so of an intending partner.
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Ivey v Genting Casinos (UK) Ltd (trading as Crockfords)
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When dishonesty is in question the fact-finding tribunal must first ascertain (subjectively) the actual state of the individual's knowledge or belief as to the facts. When once his actual state of mind as to knowledge or belief as to facts is established, the question whether his conduct was honest or dishonest is to be determined by the fact-finder by applying the (objective) standards of ordinary decent people.
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Morris v Kanssen, sub nom Kanssen v Rialto (West End) Ltd
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There is, as it appears to me, a vital distinction between (a) an appointment in which there is a defect or, in other words, a defective appointment, and ( b) no appointment at all. In the first case it is implied that some act is done which purports to be an appointment but is by reason of some defect inadequate for the purpose: in the second case there is not a defect; there is no act at all.
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Tinsley v Milligan
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These authorities seem to me to establish that when applying the maxim " ex turpi causa" in a case in which a defence of illegality has been raised, the court should keep in mind that the underlying principle is the so-called public conscience test. The court must weigh, or balance, the adverse consequences of granting relief against the adverse consequences of refusing relief.
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The Criminal Legal Aid (Remuneration) Regulations 2013
... ... ) of the document called “Banding of Offences" in the Advocates’ Graduated Fee Scheme (AGFS) \xE2\x80" ... —(a) two or more sets of proceedings involving the same defendant which are prepared, heard or ... two or more counts relate to the same property, the value F262, amount or weight of that ... ...
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Sentencing Act 2020
... ... about fines and other orders relating to property.Part 8 is about disqualification.Part 9 is about ... on an offender in respect of one or more offences until the date specified in the order, to enable ... controlled drug near school premises or involving child ... (1) This section applies where—(a) a ... ...
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Criminal Justice and Courts Act 2015
... ... before and after conviction; to create offences involving ill-treatment or wilful neglect by a ... , whether or not in money or other property and whether temporary or permanent;“United ... ...
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Anti-social Behaviour, Crime and Policing Act 2014
... ... Sections 49 and 51 of that Act (offences) apply accordingly ... Annotations: ... 3(b) ... 37: Surrender of property ... (1) A constable who gives a person a ... of violence) ,(b) section 4A (stalking involving fear of violence or serious alarm or distress) ... ...
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Robbery and the Principle of Fair Labelling
Robbery is a somewhat unusual offence in the sense that it combines two distinct wrongs: an offence against property and an offence against the person. It is also a particularly broad crime since i...... ... two distinct wrongs: an offence against property and an offence agains t the person. It is also a ... i n i m u mf o r c e threshold so that offences involving low levels of force cease to be rega ... ...
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Introduction
... ... in order to criminalise certain acts involving computer technology which did not exist prior to ... can be used to commit criminal offences ... The rise of ‘cyber crime’ (or ... ; Chapter 3, Offences Relating to Property; Chapter 4, Offences Involving Communications; ... ...
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Victimization and Repeat Victimization Over the Life Span: A Predictive Study and Implications for Policy
... ... survey of criminal victimization involving about 26,000 individuals, 15 years of age ... experienced over half (54%) of all offences. Less than 5% of the sample was ... analyses, relating to violent, property, and all offences, revealed that the ... ...
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Black money, “white” owners, and “blue” tenants in the Bangladesh housing market. Where corruption makes the difference as protectors turn predators
Purpose: The main purpose of this paper is to critically examine the impact of black money whitening opportunity on the Bangladesh housing market and its ramifications for honest taxpayers and crim...... ... to create additionaldemands for housing property, rather it encourages money laundering, ... , corruption and otheroffences involving money in Bangladesh and in other countries.Social ... , instigate or counsel tocommit any offences mentioned above.Money laundering is an indictable ... ...
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UK Law Commission calls for money laundering guidance in relation to transactions involving the legal cannabis industry
The Law Commission has today published its report on the SARs regime following its consultation paper. Amongst wide-ranging recommendations to improve the regime, it has recommended that the gover...... ... so-called Spanish Bullfighter exception) but this only applies to offences which in the UK would result in a maximum custodial sentence of 12 months ... concept of fungibility means that even a small amount of criminal property can taint a wider asset, for example money in a bank account). There would ... ...
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UK Criminal Finances Act 2017 Commences with New Tax Evasion Offences, Anti-Money Laundering Rules, and Asset Forfeiture Provisions
On 30 September 2017, Part 3 of the UK Criminal Finances Act 2017 (the “CF Act”) came into force creating new corporate offences for failing to prevent the facilitation of UK or overseas tax evasio...... ... Stage two: criminal facilitation of the tax evasion, involving deliberate and dishonest behavior by an employee, agent, sub-contractor, ... is reasonable cause to believe that the individual holds the property in question, and the value of that property is greater than £50,000; and ... ...
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UK Criminal Finances Act 2017 Commences With New Tax Evasion Offences, Anti-Money Laundering Rules, And Asset Forfeiture Provisions
... ... entity); Stage two: criminal facilitation of the tax evasion, involving deliberate and dishonest behavior by an employee, agent, sub-contractor, ... is reasonable cause to believe that the individual holds the property in question, and the value of that property is greater than £50,000; and ... ...
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Key Considerations for U.K. Investment in the Legal Cannabis Industry Abroad
U.K. investors in cannabis-related entities, where the activity is legal in its jurisdiction but not legal in the U.K., risk committing money laundering offences under the Proceeds of Crime Act 200...... ... U.K., risk committing money laundering offences under the Proceeds of Crime Act 2002 (POCA) ... the need for guidance on transactions involving the legal cannabis industry in Canada and ... proceeds of crime or removes criminal property from the jurisdiction of England and Wales (s327) ... ...
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Apply for a Banning Order
Forms relating to the Residential Property First-tier Tribunal.... First-tier Tribunal Property Chamber ... body { font-family:Arial } ... ... you aware of any other applications (s) involving the same person(s) or property as in this ... details below of the banning order offences relied upon and date of conviction: ... ... ...
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Application by tenant or local housing authority for a Rent Repayment Order (Housing and Planning Act 2016)
Housing and planning forms including Rent Repayment Orders and Demolition Orders.... First-tier Tribunal Property Chamber ... body { font-family:Arial } ... ... are you aware of any other application involving the same respondent or property as in this ... The offences are; violence for securing entry eviction or ... ...