Smallman & Anor, R. v

Smallman & Anor, R. v

The funding arrangement between DfES and Cleveland Police, even if ultra vires, did not prejudice the defendants or undermine the independence of the investigation; the summing up, though lengthy and compartmentalized, was adequate and equipped the jury to decide the issues; there was sufficient evidence for all counts to go to the jury; disclosure was adequate; and the sentence for Angela Smallman was not manifestly excessive.

Parties
Prosecution: R; First Appellant/defendant: Michael Smallman; Second Appellant/defendant: Angela Smallman
Jurisdiction
England and Wales
Judgment Date
30 March 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeals dismissed
Legal Topics
Fraudulent Trading, Money Laundering, Abuse of Process, Disclosure, Summing Up, Company Directors Disqualification
Criminal Law Company Law Fraudulent Trading Money Laundering Abuse of Process Disclosure Summing Up Company Directors Disqualification

Case Brief

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Parties

R

Prosecution

Michael Smallman

First Appellant/defendant

Angela Smallman

Second Appellant/defendant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the funding of the police investigation by the DfES constituted an abuse of process
  2. 2 Whether the judge's summing up was so deficient as to render the convictions unsafe
  3. 3 Whether there was a case to answer on counts of fraudulent trading and money laundering

Ratio Decidendi

The funding arrangement between DfES and Cleveland Police, even if ultra vires, did not prejudice the defendants or undermine the independence of the investigation; the summing up, though lengthy and compartmentalized, was adequate and equipped the jury to decide the issues; there was sufficient evidence for all counts to go to the jury; disclosure was adequate; and the sentence for Angela Smallman was not manifestly excessive.

Court Disposition

appeals dismissed

Orders

  • Convictions of Michael Smallman and Angela Smallman upheld
  • Angela Smallman's appeal against sentence dismissed