Source: All England Reporter
Publisher Citation: [2002] All ER (D) 165 (Jul)
Neutral Citation: [2002] EWCA Crim 1768
Court: Court of Appeal, Criminal Division

Kennedy LJ, Curtis and Pitchford JJ

Representation David Perry (instructed by the Treasury Solicitor) for the Attorney General.
Judgment Dates: 11 July 2002


Criminal law - Using a false instrument - False accounting - Accused persons dishonestly furnishing false instrument in order to obtain money from trust fund set up for their benefit - Part of money in trust fund belonging to accused persons - Whether proof required that accused had no legal entitlement to money obtained from trust fund using false instrument - s 3 - s 17(1)(b).

The Case

On a reference to the Court of Appeal by the Attorney General on a point of law under s36 of the the court ruled that on (a) a charge under s3 of the and (b) a charge under s17(1)(b) of the where the accused has used a false instrument or furnished false information with a view to obtaining money or other property, it was not necessary for the prosecution to prove that the accused had no legal entitlement to the money or other property in question.

Practice Areas

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