Source: All England Reporter
Publisher Citation: [2002] All ER (D) 289 (Jul)
Neutral Citation: [2002] EWCA Crim 1856
Court: Court of Appeal, Criminal Division

Dyson LJ, Silber J and Judge Goddard QC

Representation Andrew Campbell-Tiech (instructed by Shearman Bowen & Co) for the defendant.
  James Eadie and Emma Smith (instructed by Legal Services Directorate of the Department of Trade and Industry) for the Crown.
Judgment Dates: 19 July 2002


Criminal law - Materially contributing to, or increasing extent of, insolvency by gambling - Whether offence requiring mental element - Insolvency At 1986, s 362(1)(a).

The Case

Upon its true construction, s362(1)(a) of the Insolvency Act created an offence of strict liability and the provision was not incompatible with art7 of the European Convention on Human Rights.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.