Arowolo v Department for Work and Pensions [2013] EWHC 1671 (Admin) (30 April 2013)

Arowolo v Department for Work and Pensions [2013] EWHC 1671 (Admin) (30 April 2013)

The magistrates were entitled to admit secondary evidence of the missing claim form and to rely on interview evidence; the evidence was sufficient to prove the appellant knowingly failed to disclose accounts, justifying conviction.

Citation
[2013] EWHC 1671 (Admin)
Parties
Claimant: Arowolo; Defendant: Department for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
30 April 2013
Procedural Posture
Criminal Appeal by Way of Case Stated / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
False Representation, Best Evidence Rule, Admissibility of Hearsay, Disclosure of Assets, Job Seekers Allowance Fraud

Case Brief

Summary, issues, holding and outcome

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Parties

Arowolo

Claimant

Department for Work and Pensions

Defendant

Procedural Posture

Criminal Appeal by Way of Case Stated / Judgment on Appeal

  1. 1 Whether conviction can stand without production of original job seekers allowance application form
  2. 2 Application of best evidence rule
  3. 3 Admissibility of secondary evidence and hearsay

Ratio Decidendi

The magistrates were entitled to admit secondary evidence of the missing claim form and to rely on interview evidence; the evidence was sufficient to prove the appellant knowingly failed to disclose accounts, justifying conviction.

Court Disposition

Appeal dismissed

Orders

  • Detailed assessment of claimant's publicly funded costs