F & B, R v

F & B, R v

The trial judge's decisions to refuse a stay for abuse of process, to reject the argument that the offence of conspiracy to defraud is too vague, to admit evidence relating to Nicholas Fraser, and to admit the documents under the Criminal Justice Act 2003 were all within the range of decisions open to her and disclosed no error of law. The applications for leave to appeal are dismissed.

Parties
Applicant: F; Applicant: B; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
04 September 2009
Procedural Posture
Criminal Appeal / Interlocutory Application for Leave to Appeal Against Preliminary Rulings
Outcome
Applications for leave to appeal dismissed
Legal Topics
Abuse of Process, Delay in Criminal Proceedings, Certainty of Offence, Admissibility of Evidence, Conspiracy to Defraud
Criminal Law Abuse of Process Delay in Criminal Proceedings Certainty of Offence Admissibility of Evidence Conspiracy to Defraud

Case Brief

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Parties

F

Applicant

B

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Interlocutory Application for Leave to Appeal Against Preliminary Rulings

Legal Issues

  1. 1 Whether the retrial should be stayed as an abuse of process due to delay
  2. 2 Whether the common law offence of conspiracy to defraud is too vague to satisfy Articles 5 and 7 ECHR
  3. 3 Whether evidence inconsistent with the acquittal of a co-defendant is admissible

Ratio Decidendi

The trial judge's decisions to refuse a stay for abuse of process, to reject the argument that the offence of conspiracy to defraud is too vague, to admit evidence relating to Nicholas Fraser, and to admit the documents under the Criminal Justice Act 2003 were all within the range of decisions open to her and disclosed no error of law. The applications for leave to appeal are dismissed.

Court Disposition

Applications for leave to appeal dismissed

Orders

  • Leave to appeal refused on all grounds
  • Reporting restrictions confirmed