Rogers & Ors, R v [2014] EWCA Crim 1680 (01 August 2014)

Rogers & Ors, R v [2014] EWCA Crim 1680 (01 August 2014)

The amendment to the indictment was proper and caused no injustice; the English courts had jurisdiction over the money laundering offence under POCA 2002 due to the origin of the criminal property and the statutory extra-territorial reach; the acts in the amended count were not subsumed by the conspiracy counts; the...

Source-derived case information.

Citation
[2014] EWCA Crim 1680
Parties
Prosecution: Regina; Appellant: Bradley David Rogers; Applicant: Colin Martin Samuels; Applicant: Geraldine French; Applicant: Mark Julian Bell
Jurisdiction
England and Wales
Judgment Date
01 August 2014
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Conviction and Sentence
Outcome
All appeals and applications dismissed; convictions and sentences upheld.
Legal Topics
Conspiracy to Defraud, Money Laundering, Jurisdiction, Sentencing
Criminal Law Conspiracy to Defraud Money Laundering Jurisdiction Sentencing

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Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Bradley David Rogers

Appellant

Colin Martin Samuels

Applicant

Geraldine French

Applicant

Mark Julian Bell

Applicant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Conviction and Sentence

Legal Issues

  1. 1 Whether amendment of indictment after close of prosecution case was proper
  2. 2 Whether English courts had jurisdiction over money laundering acts committed abroad
  3. 3 Whether acts in amended count were subsumed by conspiracy counts

Ratio Decidendi

The amendment to the indictment was proper and caused no injustice; the English courts had jurisdiction over the money laundering offence under POCA 2002 due to the origin of the criminal property and the statutory extra-territorial reach; the acts in the amended count were not subsumed by the conspiracy counts; the judge's summing-up in French's case did not misdirect the jury; and the sentences imposed were not manifestly excessive or disparate given the scale, sophistication, and roles in the fraud.

Court Disposition

All appeals and applications dismissed; convictions and sentences upheld.

Orders

  • Rogers' appeal against conviction dismissed
  • French's renewed application for leave to appeal against conviction refused