||All England Reporter
|| All ER (D) 300 (Dec)
|| EWCA Crim 2845
||Court of Appeal, Criminal Division
Waller LJ, Rougier and Stanley Burnton JJ
||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
||19 December 2001
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).
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.
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