GG Plc, R v (No.2)
The judge was entitled to refuse leave to amend the indictment as the particulars provided did not sufficiently elevate price fixing to a criminal conspiracy, and there was insufficient evidence of aggravating elements such as lies or positive deception.
- Parties
- Prosecution: R; Respondents: GG PLC and others
- Jurisdiction
- England and Wales
- Judgment Date
- 18 December 2008
- Procedural Posture
- Criminal / Application for Leave to Appeal Against Refusal to Amend Indictment
- Outcome
- Application for leave to appeal refused
- Legal Topics
- Conspiracy to Defraud, Cartel Behaviour, Price Fixing, Indictment Amendment
Case Brief
Summary, issues, holding and outcome
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Parties
R
Prosecution
GG PLC and others
Respondents
Procedural Posture
Criminal / Application for Leave to Appeal Against Refusal to Amend Indictment
Legal Issues
- 1 Whether price fixing agreements accompanied by secretive and deceptive behaviour are sufficient to constitute conspiracy to defraud
- 2 Whether the indictment could be amended to include aggravating elements elevating price fixing to criminal conspiracy
- 3 Whether the judge's refusal to allow amendment was a misdirection of law
Ratio Decidendi
The judge was entitled to refuse leave to amend the indictment as the particulars provided did not sufficiently elevate price fixing to a criminal conspiracy, and there was insufficient evidence of aggravating elements such as lies or positive deception.
Court Disposition
Application for leave to appeal refused
Orders
- Leave to appeal against the judge's refusal to amend the indictment is denied
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