Cushnie & Anor, R v [2005] EWCA Crim 962 (21 April 2005)

Cushnie & Anor, R v [2005] EWCA Crim 962 (21 April 2005)

The conviction of Cushnie for the Traders fraud was not inconsistent with his acquittal on the Versailles fraud because the counts related to different victims and means of fraud, and the particulars in the indictment were not essential elements. The prosecution's change of stance on Clough's credibility in a subsequent trial did not render the conviction unsafe. The sentences imposed were appropriate except that Clough's sentence for the Normandy count should run concurrently with the other sentences.

Citation
[2005] EWCA Crim 962
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 on Conviction and Sentence
Outcome
Appeal by Cushnie against conviction and sentence dismissed; Clough's appeal against sentence allowed in part
Legal Topics
Fraudulent Trading, Conspiracy to Defraud, Inconsistent Verdicts, Sentencing, Witness Credibility
Criminal Law Fraudulent Trading 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 on Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction of Cushnie for the Traders fraud was inconsistent with his acquittal on 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 conviction of Cushnie for the Traders fraud was not inconsistent with his acquittal on the Versailles fraud because the counts related to different victims and means of fraud, and the particulars in the indictment were not essential elements. The prosecution's change of stance on Clough's credibility in a subsequent trial did not render the conviction unsafe. The sentences imposed were appropriate except that Clough's sentence for the Normandy count should run concurrently with the other sentences.

Court Disposition

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

Orders

  • Cushnie's applications for leave to appeal against conviction and sentence dismissed
  • Clough's sentence for the Normandy count to run concurrently with other sentences, reducing total imprisonment from six years to five years