G and S, Re [2002] EWCA Crim 1768 (11th July 2002)

G and S, Re [2002] EWCA Crim 1768 (11th July 2002)

Once money is paid into a trust fund, it becomes trust property, and any attempt to extract funds by use of a false instrument or false information constitutes prejudice and gain for the purposes of sections 3 of the Forgery and Counterfeiting Act 1981 and 17(1)(b) of the Theft Act 1968, regardless of any prior entitlement or beneficial interest. The prosecution does not need to prove that the accused had no legal entitlement to the money or property in question.

Citation
[2002] EWCA Crim 1768
Parties
Applicant: Attorney General; Respondent: G; Respondent: S
Jurisdiction
England and Wales
Procedural Posture
Attorney General's Reference (criminal) / Court of Appeal (criminal Division) Reference Under Section 36 Criminal Justice Act 1972
Outcome
Reference answered in the negative.
Legal Topics
Forgery, Theft, Trusts, False Instruments, Dishonest Gain
Criminal Law Forgery Theft Trusts False Instruments Dishonest Gain

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Parties

Attorney General

Applicant

G

Respondent

S

Respondent

Procedural Posture

Attorney General's Reference (criminal) / Court of Appeal (criminal Division) Reference Under Section 36 Criminal Justice Act 1972

Legal Issues

  1. 1 Whether, on charges under section 3 of the Forgery and Counterfeiting Act 1981 and section 17(1)(b) of the Theft Act 1968, the prosecution must prove that the accused had no legal entitlement to the money or property in question when using a false instrument or furnishing false information to obtain it.

Ratio Decidendi

Once money is paid into a trust fund, it becomes trust property, and any attempt to extract funds by use of a false instrument or false information constitutes prejudice and gain for the purposes of sections 3 of the Forgery and Counterfeiting Act 1981 and 17(1)(b) of the Theft Act 1968, regardless of any prior entitlement or beneficial interest. The prosecution does not need to prove that the accused had no legal entitlement to the money or property in question.

Court Disposition

Reference answered in the negative.