||All England Reporter
|| All ER (D) 129 (Nov)
||Court of Appeal, Criminal Division
Tuckey LJ, Foskett J and Judge Patience QC
||Jonathan Davies (assigned by the Registrar of Criminal Appeals) for the defendant.
||Andrew Marshall (instructed by the Crown Prosecution Service) for the Crown.
||8 November 2007
Criminal law - Trial - No case to answer - Conspiracy to cheat the public revenue - Judge allowing amendment to original indictment and rejecting no case submission - Defendants being convicted - Whether judge erring.
The defendant's appeal against conviction for conspiracy to defraud the public revenue in a case involving allegations of 'market fraud' and 'carousal fraud' would be dismissed. The judge had not erred in allowing the case to proceed on an amended indictment after he had ruled that there was no evidence on which to convict the defendant of 'carousal fraud'.
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