West & Anor, R v [2016] EWCA Crim 742 (21 June 2016)

West & Anor, R v [2016] EWCA Crim 742 (21 June 2016)

The judge was correct in refusing the submission of no case to answer as there was sufficient evidence for the jury to conclude that the representations about land title were false or misleading. The refusal to order disclosure of all of Whale's work emails was proper as the CPIA regime was followed and memory...

Source-derived case information.

Citation
[2016] EWCA Crim 742
Parties
Applicant: James Whale; Applicant: Gary West; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
21 June 2016
Procedural Posture
Criminal Appeal / Renewed Applications for Leave to Appeal Against Conviction and Sentence
Outcome
Applications for leave to appeal against conviction and sentence refused.
Legal Topics
Conspiracy to Commit Fraud by False Representation, Fraudulent Trading, Conspiracy to Furnish False Information, Bribery, Disclosure Obligations, Abuse of Process, Sentencing
Criminal Law Fraud Disclosure Conspiracy to Commit Fraud by False Representation Fraudulent Trading Conspiracy to Furnish False Information Bribery Disclosure Obligations +2 more

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Parties

James Whale

Applicant

Gary West

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Renewed Applications for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in refusing a submission of no case to answer on particulars of conspiracy to commit fraud by false representation
  2. 2 Whether the trial judge erred in refusing to order disclosure of the applicant's work emails
  3. 3 Whether the sentences imposed were manifestly excessive

Ratio Decidendi

The judge was correct in refusing the submission of no case to answer as there was sufficient evidence for the jury to conclude that the representations about land title were false or misleading. The refusal to order disclosure of all of Whale's work emails was proper as the CPIA regime was followed and memory refreshing does not override the statutory test for disclosure. The sentences imposed were within the appropriate range given the seriousness of the offences and were not manifestly excessive.

Court Disposition

Applications for leave to appeal against conviction and sentence refused.