Offences Involving Property in UK Law

Leading Cases
  • Woolmington v DPP
    • House of Lords
    • 05 Abril 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 Abril 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 Noviembre 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.

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

  • Ivey v Genting Casinos (UK) Ltd (trading as Crockfords)
    • Supreme Court
    • 25 Octubre 2017

    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.

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

    How can a jury fairly evaluate the facts in the admission unless they can evaluate the facts in the excuse or explanation? It is only if the jury think that the facts set out by way of excuse or explanation might be true that any doubt is cast on the admission, and it is surely only because the excuse or explanation might be true that it is thought fair that it should be considered by the jury.

  • Stirland v DPP
    • House of Lords
    • 21 Junio 1944

    A perverse jury might conceivably announce a verdict of acquittal in the teeth of all the evidence; but the provision that the Court of Criminal Appeal may dismiss the appeal if they consider that no substantial miscarriage of justice has actually occurred in convicting the accused assumes a situation where a reasonable jury, after being properly directed, would, on the evidence properly admissible, without doubt convict.

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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 ......
  • Domestic Abuse Act 2021
    • UK Non-devolved
    • 1 de Enero de 2021
    ...... in proceedings for certain violent offences; to make provision about certain violent or l offences, and offences involving other abusive behaviour, committed outside the ...) acquire, use or maintain money or other property, or . (b) (b) obtain goods or services. . (5) ......
  • 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 ......
  • House to House Collections Act 1939
    • UK Non-devolved
    • 1 de Enero de 1939
    ......in the United Kingdom of any of the offences. specified in the Schedule to this Act, or has. ...other property; and ‘collector’ means, in. relation to a .... Offences in Scotland involving personal violence or lewd, indecent, or ......
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Books & Journal Articles
  • Robbery and the Principle of Fair Labelling
    • Nbr. 83-3, June 2019
    • Journal of Criminal Law, The
    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 ......
  • Victimization and Repeat Victimization Over the Life Span: A Predictive Study and Implications for Policy
    • Nbr. 10-3, January 2004
    • International Review of Victimology
    This study was based on the 1999 General Social Survey, a national Canadian survey of criminal victimization involving about 26,000 individuals, 15 years of age and over. More than half of all resp...
    ...... 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 ......
  • Black money, “white” owners, and “blue” tenants in the Bangladesh housing market. Where corruption makes the difference as protectors turn predators
    • Nbr. 23-2, May 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 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 ......
  • On Civil Liberties and Politics in Criminal Justice
    • Nbr. 20-4, December 1987
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology)
    ...... such matters as The Onus of Proof: Offences Against The Government Involving Property ......
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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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Forms
  • Apply for a Banning Order
    • HM Courts & Tribunals Service court and tribunal forms
    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:. . ......
  • Application by tenant or local housing authority for a Rent Repayment Order (Housing and Planning Act 2016)
    • HM Courts & Tribunals Service court and tribunal forms
    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 ......
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