| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 300 (Dec) |
| Neutral Citation: | [2001] EWCA Crim 2845 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Waller LJ, Rougier and Stanley Burnton JJ |
| Representation | John Lodge and Nicholas Johnson (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Christopher Batty and Guy Kearl (instructed by the Crown Prosecution Service) for the Crown. | |
| James Eadie (instructed by the Legal Services Group) for the DTI | |
| Judgment Dates: | 19 December 2001 |
Catchwords
Criminal law - Trial - Preparatory hearing - Appeal - Whether court having jurisdiction to hear appeal - Fraud in anticipation of winding up - Elements of offence - Burden of proof - Whether statutory offence reverses the burden of proof - s 206(1)(a) and s 206(4).
The Case
An offence of fraud in anticipation of winding up contrary to s206(1)(a) of the provided a defence of proving that the defendant had no intention to defraud in s206(4) of the Act, which imposed an evidential and not a legal burden on the defendant.
Practice Areas
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