Offences Involving Property in UK Law

Leading Cases
  • Woolmington v DPP
    • House of Lords
    • 05 Apr 1935

    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.

  • R v Ghosh
    • Court of Appeal
    • 05 Apr 1982

    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.

  • Jimmie William Frederick Hornal v Neuberger Products Ltd
    • Court of Appeal
    • 20 Nov 1956,20 Nov 1956

    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.

  • R v Preddy
    • House of Lords
    • 10 Jul 1996

    The difficulty in the way of that conclusion is simply that, when the bank account of the defendant (or his solicitor) is credited, he does not obtain the lending institution's chose in action. On the contrary that chose in action is extinguished or reduced pro tanto, and a chose in action is brought into existence representing a debt in an equivalent sum owed by a different bank to the defendant or his solicitor.

    In truth the property which the defendant has obtained is the new chose in action constituted by the debt now owed to him by his bank, and represented by the credit entry in his own bank account. This did not come into existence until the debt so created was owed to him by his bank, and so never belonged to anyone else.

  • Morris v Kanssen, sub nom Kanssen v Rialto (West End) Ltd
    • House of Lords
    • 22 Mar 1946

    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.

  • R v Sharp (Colin)
    • House of Lords
    • 16 Dec 1987

    I agree with Lawton L.J. that a jury will make little of a direction that attempts to draw a distinction between evidence which is evidence of facts and evidence in the same statement which whilst not being evidence of facts is nevertheless evidentiary material of which they may make use in evaluating evidence which is evidence of the facts. One only has to write out the foregoing sentence to see the confusion it engenders.

See all results
Books & Journal Articles
See all results
Law Firm Commentaries
  • UK Criminal Finances Act 2017 Commences with New Tax Evasion Offences, Anti-Money Laundering Rules, and Asset Forfeiture Provisions
    • JD Supra United Kingdom
    • Cadwalader, Wickersham & Taft LLP
    • October 10, 2017
    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. ......
  • UK Criminal Finances Act 2017 Commences With New Tax Evasion Offences, Anti-Money Laundering Rules, And Asset Forfeiture Provisions
    • Mondaq UK
    • October 17, 2017
    ...... 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 ......
  • UK Law Commission calls for money laundering guidance in relation to transactions involving the legal cannabis industry
    • LexBlog United Kingdom
    • Norton Rose Fulbright
    • June 18, 2019
    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...
    ...... “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 ......
  • Key Considerations for U.K. Investment in the Legal Cannabis Industry Abroad
    • JD Supra United Kingdom
    • Faegre Drinker Biddle & Reath LLP
    • August 06, 2019
    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) ......
See all results