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 ......
  • 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 ......
  • Nuclear Material (Offences) Act 1983
    • UK Non-devolved
    • 1 de Enero de 1983
    ......omission. S-2. Offences involving preparatory acts and threats.2 Offences involving preparatory acts and ...against property for the purposes of section 3 of that Act)—.  . (a. ) at the end of ......
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Books & Journal Articles
  • Robbery and the Principle of Fair Labelling
    • Núm. 83-3, Junio 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
    • Núm. 10-3, Enero 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
    • 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 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
    • Núm. 20-4, Diciembre 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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