R v Smith (Wallace Duncan)
| Jurisdiction | England & Wales |
| Judgment Date | 28 November 2002 |
| Date | 28 November 2002 |
| Court | Court of Appeal (Criminal Division) |
COURT OF APPEAL Criminal Division
Before Lord Justice Buxton, Mr Justice Holman and Mr Justice Astill.
Appeals - Criminal Cases Review Commission references - appellant can take any grounds that arise from original tribunal - even if rejected by commission -R v Manning [1999] QB 980 - Criminal Appeal Act 1995 Section 14(5) - Criminal Appeal Act 1968 Section 31 - R v Garner (unreported) [2002] EWCA Crim 1166
An appellant who had the benefit of a reference by the Criminal Cases Review Commission to the Court of Appeal could take any ground of appeal that arose from the original trial whether or not it was a basis upon which the commission had referred the matter.
The Court of Appeal, Criminal Division, so held at a directions hearing arising from a reference made by the commission in the case of Wallace Duncan Smith, who was convicted at the Central Criminal Court in February 1994 of one count of fraudulent trading and two offences of obtaining property by deception for which he was sentenced in March 1994 to concurrent terms of six years imprisonment.
A confiscation order of Pounds 49,000 was made with 12 months imprisonment consecutive in default. His appeal against conviction was dismissed on November 3, 1995 (Lord Justice Rose, Mr Justice Jowitt and Mr Justice Moore-Bick).
Mr Douglas Day, QC, for the appellant; Mr Timothy Barnes, QC, for the Crown.
LORD JUSTICE BUXTON, giving the judgment of the court, said that on the directions hearing two issues had arisen which were not issues referred to the court by the commission.
The first related to the appellant's wish to put before the court a substantial amount of evidence that was given in civil proceedings in 1997 by members and employees of the firm of accountants who were auditors of the registered bank, Wallace Smith Trust Company.
The appellant was the moving spirit in a large series of companies, the central and most important of which was Wallace Smith, which collapsed in 1991 and was wound up a year later with unsecured creditors of approximately Pounds 92 million, which was the occasion upon which the appellant and his activities came to the attention of the authorities.
That was an issue put to the commission as a ground for permitting the reference but rejected by it.
The second issue arose in connection with jurisdiction and had not been before the commission at all.
In the appellant's original appeal, the Court of...
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