Conspiracy to Defraud in UK Law

Leading Cases
  • R v Ayres
    • House of Lords
    • 16 Febrero 1984

    Some judicial dicta on the subject might be understood as suggesting that the choice whether to prosecute for a statutory conspiracy under section 1 of the Act or for a common law conspiracy to defraud is one dictated by convenience and that in many cases both options may be open. Section 5(2) of the Act, which preserves conspiracy to defraud at common law as an exception to the general abolition of the offence of common law conspiracy by section 5(1) concludes with the words:

    Only the exceptional fraudulent agreements will need to be charged as common law conspiracies to defraud, when either it is clear that performance of the agreement constituting the conspiracy would not have involved the commission by any conspirator of any substantive offence or it is uncertain whether or not it would do so. In case of doubt, it may be appropriate to include two counts in the indictment in the alternative.

  • R v Landy
    • Court of Appeal (Criminal Division)
    • 12 Enero 1981

    An assertion by a defendant that throughout a transaction he acted honestly does not have to be accepted but has to be weighed like any other piece of evidence. If that was the defendant's state of mind, or may have been, he is entitled to be acquitted.

  • Attorney General's Reference (No. 1 of 1982)
    • Court of Appeal (Criminal Division)
    • 30 Marzo 1983

    The real question must in each case be what was the true object of the agreement entered into by the conspirators? In each case to determine the object of the conspiracy, the Court must see what the defendants actually agreed to do. Had it not been for the jurisdictional problem, we have no doubt the charge against these conspirators would have been conspiracy to defraud potential purchasers of the whisky, for that was the true object of the agreement.

  • R v Walters
    • Court of Appeal (Criminal Division)
    • 27 Febrero 1979

    In many ways it must be preferable that the conspiracy to defraud should be regarded as the greater container, as it were, and able to mop up conspiracy to steal if and when that is convenient having regard to the nature of the case.

  • R v Griffiths
    • Court of Criminal Appeal
    • 07 Abril 1965

    You didn't incur it, but I didn't think you would object to a few pounds being saved". On those bare facts I cannot be charged with 50 others in a conspiracy to defraud the Exchequer of £100,000 on the basis that this accountant and his clerk have persuaded 500 other clients to make false returns, some being false in one way, some in another, or even all in the same way. I have not knowingly attached myself to a general agreement to defraud.

  • Zambia v Meer Care and Others
    • Chancery Division
    • 29 Junio 2007

    In my view the evidence of dishonesty is the receipt of a large amount of money with no explanation as to why he received it and its retention. On that material I am prepared to infer that Basile received the excess dishonestly. Whether he remitted it to back to FJT or XFC or kept it himself I do not know. I do not believe for one minute however that he received it for the purposes of spending on genuine ZSIS purposes (rejecting IM's submissions in that respect).

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Legislation
  • Criminal Justice Act 1987
    • UK Non-devolved
    • 1 de Enero de 1987
    ......for distribution to the public. Conspiracy to defraud . Conspiracy to defraud. . S-12 . Charges of and penalty for ......
  • Criminal Law Act 1977
    • UK Non-devolved
    • 1 de Enero de 1977
    ...... to amend the law of England and Wales with respect to criminal conspiracy; to make new provision in that law, in place of the provisions of the ...at common law so far as relates to conspiracy to defraud,. and section 1 above shall not apply in any case where the. agreement in ......
  • Fraud Act 2006
    • UK Non-devolved
    • 1 de Enero de 2006
    ...... . . (b) with intent to defraud creditors of any person or for any other fraudulent purpose. . (3) The ... . (4) "Related offence" means— . . (a) conspiracy to defraud;. . . (b) any other offence involving any form of fraudulent ......
  • Serious Crime Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... . . (b) an offence of attempt or conspiracy to commit any such offence;. . . (c) an offence under Part 2 of the ... . . (2) Fraud. . . (3) Conspiracy to defraud. . . (4) Theft. . . (5) Extortion. . . (6) Assault and robbery. . ......
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Law Firm Commentaries
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