West & Anor, R v

West & Anor, R v

The court held that no expert evidence on Cambodian law was required to determine the issue of title; the absence of documentation supporting good title was sufficient. The CPIA disclosure regime applied to the applicant's emails, and there was no obligation to disclose them as memory refreshing documents. The...

Source-derived case information.

Parties
Applicant: James Whale; Applicant: Gary West; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
21 June 2016
Procedural Posture
Criminal Appeal / Ruling on Renewed Applications for Leave to Appeal Against Conviction and Sentence
Outcome
Applications for leave to appeal against conviction and sentence refused
Legal Topics
Fraud, Disclosure, Bribery, Sentencing, Abuse of Process
Criminal Law Fraud Disclosure Bribery Sentencing Abuse of Process

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Summary, issues, holding and outcome

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Parties

James Whale

Applicant

Gary West

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Ruling on 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 regarding particulars of conspiracy to commit fraud by false representation
  2. 2 Whether the trial judge erred in refusing to direct disclosure of the applicant's work emails
  3. 3 Whether the sentences imposed were manifestly excessive

Ratio Decidendi

The court held that no expert evidence on Cambodian law was required to determine the issue of title; the absence of documentation supporting good title was sufficient. The CPIA disclosure regime applied to the applicant's emails, and there was no obligation to disclose them as memory refreshing documents. The sentences imposed were within the appropriate range given the seriousness of the offences.

Court Disposition

Applications for leave to appeal against conviction and sentence refused