Pearson, R (on the application of) v Greenwich Magistrates' Court

Pearson, R (on the application of) v Greenwich Magistrates' Court

Omission of the Naylor Road address did not constitute a false statement as the form expressly instructed not to include the home where the applicant lived; no evidence of a positive act of false representation; conviction quashed.

Parties
Applicant/claimant/appellant: John Pearson; Respondent: Greenwich Magistrates’ Court; Respondent: London Borough of Greenwich
Jurisdiction
England and Wales
Judgment Date
30 January 2008
Procedural Posture
Judicial Review and Criminal Appeal by Way of Case Stated / Appeal and Application for Judicial Review
Outcome
Appeal allowed; conviction quashed; application for judicial review withdrawn.
Legal Topics
False Representation, Council Tax Benefit, Judicial Review, Appeal by Case Stated
Criminal Law Administrative Law Social Security Law False Representation Council Tax Benefit Judicial Review Appeal by Case Stated

Case Brief

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Parties

John Pearson

Applicant/claimant/appellant

Greenwich Magistrates’ Court

Respondent

London Borough of Greenwich

Respondent

Procedural Posture

Judicial Review and Criminal Appeal by Way of Case Stated / Appeal and Application for Judicial Review

Legal Issues

  1. 1 Whether omission of information on a Council Tax Benefit form constitutes a false statement under section 112(1) of the Social Security Administration Act 1992
  2. 2 Whether the form required disclosure of all properties owned
  3. 3 Whether the recipient's knowledge is relevant to the offence

Ratio Decidendi

Omission of the Naylor Road address did not constitute a false statement as the form expressly instructed not to include the home where the applicant lived; no evidence of a positive act of false representation; conviction quashed.

Court Disposition

Appeal allowed; conviction quashed; application for judicial review withdrawn.

Orders

  • Conviction quashed
  • Conditional discharge quashed