Rogers & Ors, R v

Rogers & Ors, R v

The amendment of the indictment was proper and caused no injustice; English courts had jurisdiction over the money laundering offence as substantial criminal activity and harm occurred in the UK and POCA 2002 provides extra-territorial reach; the substantive count was not subsumed by the conspiracy counts; the judge's summing up did not misdirect the jury; and the sentences imposed were not manifestly excessive or disparate given the scale and roles in the fraud.

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 / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeals and applications dismissed; permission to appeal refused.
Legal Topics
Conspiracy to Defraud, Money Laundering, Jurisdiction, Amendment of Indictment, Sentencing

Case Brief

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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 / Judgment on Appeal Against Conviction and Sentence

  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 alleged in amended count were subsumed by conspiracy counts

Ratio Decidendi

The amendment of the indictment was proper and caused no injustice; English courts had jurisdiction over the money laundering offence as substantial criminal activity and harm occurred in the UK and POCA 2002 provides extra-territorial reach; the substantive count was not subsumed by the conspiracy counts; the judge's summing up did not misdirect the jury; and the sentences imposed were not manifestly excessive or disparate given the scale and roles in the fraud.

Court Disposition

Appeals and applications dismissed; permission to appeal refused.