El Mehdi Zeroual v Regina

El Mehdi Zeroual v Regina

The judge's directions on the distinction between sub-letting and lodging were sufficient given the binary nature of the prosecution and defence cases. There was compelling evidence that the applicant had moved out and sub-let the flat. Directions on dishonesty and intent to gain were adequate as these elements were...

Source-derived case information.

Parties
Applicant: El Mehdi Zeroual; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
08 March 2022
Procedural Posture
Criminal Appeal / Renewed Application for Extension of Time and Permission to Appeal
Outcome
Application for extension of time and permission to appeal refused; conviction upheld; applications to vary grounds of appeal and to appeal sentence, confiscation, and costs orders refused.
Legal Topics
Fraud, Sub Letting, Lodger Vs Sub Tenant, Council Tax, Proceeds of Crime, Appeal Procedure
Criminal Law Landlord and Tenant Law Fraud Sub Letting Lodger Vs Sub Tenant Council Tax Proceeds of Crime Appeal Procedure

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Summary, issues, holding and outcome

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Parties

El Mehdi Zeroual

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Extension of Time and Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge was required to direct the jury on the legal distinction between a lodger and a sub-tenant
  2. 2 Whether the directions given on dishonesty and intent to gain were sufficient
  3. 3 Whether count three should have been left to the jury given the legal duty to disclose

Ratio Decidendi

The judge's directions on the distinction between sub-letting and lodging were sufficient given the binary nature of the prosecution and defence cases. There was compelling evidence that the applicant had moved out and sub-let the flat. Directions on dishonesty and intent to gain were adequate as these elements were not in dispute. The legal duty to disclose for council tax purposes was admitted and supported by regulations, justifying the conviction on count three.

Court Disposition

Application for extension of time and permission to appeal refused; conviction upheld; applications to vary grounds of appeal and to appeal sentence, confiscation, and costs orders refused.