Source: All England Reporter
Publisher Citation: [2012] All ER (D) 84 (Jun)
Neutral Citation: [2012] EWCA Crim 1220
Court: Court of Appeal, Criminal Division
Judge:

Elias LJ, Globe J and the Recorder of Liverpool
Representation Michael Magarian QC (instructed by Edward Fail Bradshaw & Waterson Solicitors) for the first defendant.
  Michael Bromley-Martin QC and Peter Caldwell (instructed by Edward Fail Bradshaw & Waterson Solicitors) for the second defendant.
  Michael Shorrock QC (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 1 June 2012

Catchwords

Criminal law - Trial - Conspiracy to defraud - Attempting to convert criminal property - Transferring criminal property - Obtaining money transfer by deception - Judge - First and second defendants being husband and wife - Prosecution case being defendants, together with other co-defendants, conspiring to defraud lender in relation to purchase and sale of properties - During trial, second defendant making submission of no case to answer - Judge rejecting submission - Defendants being convicted of conspiracy to defraud and attempting to convert criminal property - Defendants being acquitted, inter alia, of transferring criminal property and obtaining money transfer by deception - Defendants appealing against conviction - Whether judge erring in rejecting submission - Whether verdicts inconsistent - Whether convictions safe.

The Case

Criminal law Trial. The Court of Appeal, Criminal Division, in dismissing the defendants' appeals against conviction for conspiracy to defraud and attempting to convert criminal property, held, inter alia, that there had been sufficient evidence on which the jury, properly directed, could have found the second defendant guilty and that the verdicts relating to the first defendant had not been logically inconsistent.

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