Offences Involving Property in UK Law

Leading Cases
  • Woolmington v DPP
    • House of Lords
    • 05 Abr 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 (Criminal Division)
    • 05 Abr 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

    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

    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 these circumstances, it is difficult to see how the defendant thereby obtained property belonging to another, i.e. to the lending institution.

    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 Dic 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.

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Legislation
  • Serious Crime Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... and Young Persons Act 1933, the Sexual Offences Act 2003, the Street Offences Act 1959, the ... of extent of defendant's interest in property 1 Determination of extent of defendant's ... Children (Northern Ireland) Order 1978, involving indecent photographs (but not ......
  • Corporate Insolvency and Governance Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... 7 contains provision about certain offences. . (9) Chapter 8 contains miscellaneous and ... under a contract or other instrument involving financial services. . (4) The rules may make ... any security over the company’s property except— . (i) steps to enforce a collateral ......
  • Modern Slavery Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... 1 . Offences PART 1 . Offences . Offences Offences . S-1 . ... explosion likely to endanger life or property). . . section 3 (attempt to cause explosion, or ... . . section 13 (offences involving threats). SCH-4.26 . . 26 An offence under ......
  • Revenue Scotland and Tax Powers Act 2014
    • Scotland
    • 1 de Enero de 2014
    ...... S-50 . Offences in relation to proceedings 50 Offences in ... the Tax Tribunals are provided with such property, services and personnel as the Scottish Ministers ...) An assessment of a person in any case involving a loss of tax or a situation brought about. ......
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Books & Journal Articles
  • Black money, “white” owners, and “blue” tenants in the Bangladesh housing market. Where corruption makes the difference as protectors turn predators
    • Núm. 23-2, Mayo 2016
    • Journal of Financial Crime
    • 501-526
    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 additional demands for housing property, rather it encourages money laundering, ... money laundering, corruption and other offences involving money in Bangladesh and in other ......
  • Criminal Injuries Compensation: The Scope of the New Scheme
    • Núm. 52-4, Julio 1989
    • The Modern Law Review
    ...... of offence (broadly speaking, those offences which were previously considered to be ... injured as a result of offences involving damage to property are not generally ......
  • R v Crown Court at Southwark, ex parte Bowles
    • Núm. 6-2, Abril 1998
    • Journal of Financial Crime
    • 162-164
    The benefits of accountants seeking prompt independent legal advice to protect both themselves and their clients during criminal investigations has been reinforced by the recent House of Lords case...
    ...... e obtainin g o f mone y o r othe r property , th e safeguard s t o th e citizen ' a s ......
  • The Process is the Rule and the Punishment is the Process
    • Núm. 59-2, Marzo 1996
    • The Modern Law Review
    Andrew Ashworth, The Criminal Process: An Evaluative Study, Oxford: Clarendon Press, 1994, 315 pp, hb £45.00, pb £12.95. Andrew Sanders and Richard Young, Criminal Justice, London: Butterworths, 19...
    ...... Court, there are three classes of offences, summary, indictable and either-way, in ... that offences of dishonesty involving property less than a specified sum should ......
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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
    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
    ...... 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
    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
    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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