R v Sinclair

JurisdictionEngland & Wales
Judgment Date05 July 1968
Neutral Citation[1968] EWCA Crim J0705-2
CourtCourt of Appeal (Criminal Division)
Docket NumberNo. 596/67 No. 597/67
Date05 July 1968
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35 cases
  • Cheam Tat Pang and Another v Public Prosecutor
    • Singapore
    • High Court (Singapore)
    • 5 February 1996
    ...the offence created under s 157(3) CA was not identical to, nor inconsistent with, a s 409 Penal Code offence. Relying on R v Sinclair [1968] 3 All ER 241, he argued that the appellants were dishonest in having taken a `dishonest risk` with the entrusted funds, such a risk being one which w......
  • R v Grantham
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 23 March 1984
    ...detriment to him is obvious. 33 If further authority is required that such actions may amount to an intent to defraud, it is to be found in Sinclair (1968) 52 Cr. App. R. 618. In that case the trial Judge had directed the jury: "It is fraud if it is proved that there was the taking of a ris......
  • Scott (Anthony Peter) v Commissioner of Police of the Metropolis
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 29 January 1974
    ...certainly not rejected for it was expressly stated that the statement in question was not exhaustive. 13We were also referred to R. v. Sinclair and others 1968 1 Weekly Law Reports 1246. The charge there was of conspiracy to cheat and defraud a company, its shareholders and creditors by fr......
  • Norris v Government of the United States of America
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 25 January 2007
    ...dishonestly to prejudice or to risk prejudicing another's right, knowing that they have no right to do so; see Welham v DPP [1961] AC 103; R v Sinclair 52 Cr App R 618, CA; Scott v Metropolitan Police Commissioner [1975] AC 819; and Wai Yu Tsang [1992] 1 AC 269, PC. 57 In Welham Lord Dennin......
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1 firm's commentaries
  • Attacking Directors (Or Officers) Of Companies In Business Rescue
    • South Africa
    • Mondaq Southafrica
    • 29 November 2013
    ...made example of the following three cases, two of which were English and one South African: English cases In R v Sinclair and Others [1968] 3 All ER 241 (CA),a director of a company who dishonestly (ie knowing that he is not entitled to do so) exposed the company's funds to a risk to which ......
2 books & journal articles
  • The Criminal Liabilities of Directors to the Creditors of the Company: Section 458 Companies Act 1985
    • United Kingdom
    • Emerald Journal of Financial Crime No. 9-4, April 2002
    • 1 April 2002
    ...also approved passages in R v Welham[1960] 1 All ER 805 at p. 808,[1961] AC 103 at p. 123 per Lord Radcliffe. (47) See R v Sinclair[1968] 3 All ER 241,[1968] 1 WLR 1246. R v Allsop (1976) 64 Cr. App. R 29. The court also rejected a contention of the appellant that his actions constituted no......
    • Singapore
    • Singapore Academy of Law Journal No. 2000, December 2000
    • 1 December 2000
    ...one’s eyes to the obvious. See Baden Delvaux and Lecuit v Societe Generale[1983] BCLC 325, 406 adopting a definition in R v Sinclair[1968] 1 WLR 1246. 14 Guinness v Saunders (1987) 3 BCC 520. 15 Doubts have been expressed in various quarters about whether shareholders really need such prote......

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