Cornelius, R v [2012] EWCA Crim 500 (14 March 2012)

Cornelius, R v [2012] EWCA Crim 500 (14 March 2012)

The representations in the Certificates of Title were not false as a matter of law; the appellant's beneficial interest did not constitute an encumbrance affecting title post-completion, nor was he interested in the property as mortgagor. As the representations were true, the convictions for fraud and money laundering could not stand.

Citation
[2012] EWCA Crim 500
Parties
Respondent: Regina; Appellant: Benjamin Jason Cornelius
Jurisdiction
England and Wales
Judgment Date
14 March 2012
Procedural Posture
Criminal Appeal / Appeal From Conviction at Cardiff Crown Court
Outcome
Appeal allowed; convictions quashed; no retrial ordered.
Legal Topics
Fraud, Money Laundering, Dishonesty, False Representation, Conveyancing, Solicitors' Code of Conduct, Council of Mortgage Lenders' Handbook, Criminal Attempts
Criminal Law Fraud Money Laundering Dishonesty False Representation Conveyancing Solicitors' Code of Conduct Council of Mortgage Lenders' Handbook +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Regina

Respondent

Benjamin Jason Cornelius

Appellant

Procedural Posture

Criminal Appeal / Appeal From Conviction at Cardiff Crown Court

Legal Issues

  1. 1 Whether the appellant made false representations in Certificates of Title to the Building Society
  2. 2 Whether the judge should have given a Ghosh direction on dishonesty
  3. 3 Whether convictions for fraud and money laundering could be sustained on the facts

Ratio Decidendi

The representations in the Certificates of Title were not false as a matter of law; the appellant's beneficial interest did not constitute an encumbrance affecting title post-completion, nor was he interested in the property as mortgagor. As the representations were true, the convictions for fraud and money laundering could not stand.

Court Disposition

Appeal allowed; convictions quashed; no retrial ordered.

Orders

  • Convictions for fraud and money laundering quashed.
  • No order for retrial.