Cushnie & Anor, R v

Cushnie & Anor, R v

The verdicts were not logically inconsistent as the counts related to different victims and means of fraud; the particulars in the indictment were not essential elements; the prosecution's stance on Clough's credibility in a subsequent trial did not render the conviction unsafe; and the sentences imposed were appropriate except that Clough's sentences should run concurrently.

Parties
Prosecution: R; Appellant/defendant: Carlton E. Cushnie; Appellant/defendant: Frederick Clough
Jurisdiction
England and Wales
Judgment Date
21 April 2005
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Cushnie's appeals against conviction and sentence dismissed; Clough's appeal against sentence allowed in part
Legal Topics
Fraud, Conspiracy to Defraud, Inconsistent Verdicts, Sentencing, Witness Credibility
Criminal Law Fraud Conspiracy to Defraud Inconsistent Verdicts Sentencing Witness Credibility

Case Brief

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Parties

R

Prosecution

Carlton E. Cushnie

Appellant/defendant

Frederick Clough

Appellant/defendant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the conviction of Cushnie for the Traders fraud was inconsistent with his acquittal for the Versailles fraud
  2. 2 Whether the conviction was unsafe due to the prosecution's stance on Clough's credibility as a witness in a subsequent trial
  3. 3 Whether the sentences imposed were appropriate

Ratio Decidendi

The verdicts were not logically inconsistent as the counts related to different victims and means of fraud; the particulars in the indictment were not essential elements; the prosecution's stance on Clough's credibility in a subsequent trial did not render the conviction unsafe; and the sentences imposed were appropriate except that Clough's sentences should run concurrently.

Court Disposition

Cushnie's appeals against conviction and sentence dismissed; Clough's appeal against sentence allowed in part

Orders

  • Cushnie's conviction and sentence upheld
  • Clough's sentences to run concurrently, reducing total imprisonment from six years to five years