Cartwright, R. v

Section 458 of the Companies Act 1985 does not exclude secondary liability; a person may be convicted as an aider and abettor if they intentionally assist a principal offender. The sentences imposed were not manifestly excessive, and the sentencing judge properly considered delay and individual circumstances.

Parties: Prosecutor: Regina; Applicant: John Anthony Cartwright; Applicant: Michael John Bancroft; Appellant: David John Mills
Jurisdiction: England and Wales
Judgment Date: 28 February 2020
Procedural Posture: Criminal Appeal / Court of Appeal Judgment on Conviction and Sentence
Outcome: all appeals dismissed
Legal Topics: Fraudulent Trading, Secondary Liability, Conspiracy, Corruption, Sentencing, Delay in Prosecution

Criminal Law Fraud Fraudulent Trading Secondary Liability Conspiracy Corruption Sentencing Delay in Prosecution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 6

Parties

Regina

Prosecutor

John Anthony Cartwright

Applicant

Michael John Bancroft

Applicant

David John Mills

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Conviction and Sentence

Legal Issues

1 Whether secondary liability (aiding and abetting) applies to the offence of fraudulent trading under section 458 of the Companies Act 1985
2 Whether the sentences imposed were manifestly excessive or failed to account for delay attributable to prosecution failures

Ratio Decidendi

Court Disposition

all appeals dismissed

Orders

Leave to appeal and representation granted to Cartwright and Bancroft; appeals dismissed
Mills' appeal against sentence dismissed