R v Smith (Wallace)

JurisdictionEngland & Wales
Judgment Date03 November 1995
Date03 November 1995
CourtCourt of Appeal (Criminal Division)
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19 cases
  • AG v Garland
    • Ireland
    • High Court
    • 27 January 2012
    ...ANOR 1957 AC 602 1957 2 WLR 351 1957 1 AER 411 EXPLOSIVE SUBSTANCES ACT 1883 S3 CRIMINAL LAW (JURISDICTION) ACT 1976 S4 R v SMITH (NO 1) 1996 2 BCLC 109 1996 2 CR APP R 1 COMPANIES ACT 1985 S458 (UK) THEFT ACT 1968 S15(1) (UK) R v MANNING 1999 QB 980 1999 2 WLR 430 1998 4 AER 876 R v HARDEN......
  • R (Purdy) v DPP
    • United Kingdom
    • House of Lords
    • 30 July 2009
    ...to private individuals as excusable merely on the ground that the victim was not in the United Kingdom but in some other state. In R v Smith (Wallace Duncan) [1996] 2 Cr App R 1 an appeal against a conviction in this jurisdiction of obtaining by deception property which was in New York was......
  • The Queen (on the application of Robert Palmer) v Northern Derbyshire Magistrates' Court
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 12 November 2021
    ...the approach to construction, as between that of Buxton LJ in R v Manning [1999] QB 980 and Rose LJ in Smith (Wallace Duncan)(No 1) [1996] 2 Cr App R 1. In very brief summary, the former had adopted, as the decisive test, the “last act” or terminatory theory. The latter had adopted an app......
  • R v Stephen Whittle and Another
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 29 January 2010
    ...or other visible representation. Jurisdiction 20 The judge found that the test to be applied was to be found in the case of R v Smith (Wallace Duncan) (No.4) [2004] 2Cr App R 17, [2004] EWCA Crim 631. That is that the Crown Court had jurisdiction to try the appellants for their conduct be......
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2 books & journal articles
  • The investor as a member of a company : a reflection on misused concept
    • South Africa
    • Lesotho Law Journal No. 20-1_2, January 2013
    • 1 January 2013
    ...Laws of England 4th ed. (London: Butterworths & Co. Publishers Ltd, 1974) Vol 7 at 848 para 1530. 55 See also R v Wallace Duncan Smith [1996] 2 BCLC 109; (1996) 2 Cr App R 1 at 14 (CA) where Rose LJ defined the word ‘creditor’ for the purposes of section 458 of the UK Companies Act of 1985 ......
  • From famine to feast. The prosecution of multi‐jurisdictional financial crime in the electronic age
    • United Kingdom
    • Journal of Financial Crime No. 15-3, July 2008
    • 18 July 2008
    ...of criminal jurisdiction in theUK was ultimately the result of statutory intervention by Parliament. In Wallace DuncanSmith (No. 1), [1996] 2 Cr App R 1, the Court of Appeal followed the comity theory andassumed criminal jurisdiction over a Canadian national who had arranged for the fraudul......

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