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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