Conspiracy to Defraud in UK Law

Leading Cases
  • Zambia v Meer Care and Others
    • Chancery Division
    • 29 June 2007

    At first blush on the basis of the material that has been provided there is no evidence to show that Basile became a party to any fraudulent conspiracy to defraud the Republic. Equally there is in my view (save in respect of the over payment) no basis for suggesting that he provided dishonest assistance. They made arrangements for him to be paid via the Zamtrop account.

    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).

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

    What the prosecution had to prove was a conspiracy to defraud which is an agreement dishonestly to do something which will or may cause loss or prejudice to another. This is the all important ingredient which must be stressed by the Judge in his directions to the jury and must not be minimised in any way. The dishonesty to be proved must be in the minds and intent-ions of the defendants. It is to their states of mind that the jury must direct their attention.

  • R v Griffiths
    • Court of Criminal Appeal
    • 07 April 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.

  • R v Ayres
    • House of Lords
    • 16 February 1984

    The particulars of offence in this indictment left no one in doubt that the substance of the crime alleged was a conspiracy to obtain money by deception. The judge in summing up gave all appropriate directions in relation to that offence. The misdescription of the offence in the statement of offence as a common law conspiracy to defraud had in the circumstances not the slightest practical significance.

  • R v Walters
    • Court of Appeal (Criminal Division)
    • 27 February 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 Graham
    • Court of Appeal (Criminal Division)
    • 25 October 1996

    In these four cases the court did not find that the convictions were safe: it considered that no miscarriage of justice had actually occurred and applied the proviso. Our sole obligation is to consider whether a conviction is unsafe.

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Legislation
  • Fraud Act 2006
    • UK Non-devolved
    • January 01, 2006
    ... ... Act 2006 (offence of fraudulent trading) , and(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 conduct ... ...
  • Criminal Law Act 1977
    • UK Non-devolved
    • January 01, 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 ... of conspiracy at common law so far as relates to conspiracy to defraud, ... F6 ... (3) Subsection (1) above shall not affect the offence of ... ...
  • Serious Crime Act 2007
    • UK Non-devolved
    • January 01, 2007
    ... ... to prevent fraud offences) .(3) An offence at common law of conspiracy to defraud ... Offences in relation to public revenue etc ... (I2458) ... ...
  • Serious Crime Act 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... (b) an offence of attempt or conspiracy to commit any such offence; ... (c) an offence under Part 2 of the Serious ... (2) Fraud ... (3) Conspiracy to defraud ... (4) Theft ... (5) Extortion ... (6) Assault and robbery ... ...
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Books & Journal Articles
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Law Firm Commentaries
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