King v Kerrier District Council

King v Kerrier District Council

The magistrates erred in law by convicting on the basis that the change of circumstances could have affected entitlement to benefit, rather than finding beyond reasonable doubt that it did affect entitlement; therefore, the conviction cannot stand.

Parties
Claimant: Felicity Jean King; Defendant: Kerrier District Council
Jurisdiction
England and Wales
Judgment Date
27 February 2006
Procedural Posture
Criminal Appeal by Way of Case Stated / High Court Appeal From Magistrates' Court Conviction
Outcome
appeal allowed; convictions quashed
Legal Topics
Failure to Notify Change of Circumstances, Housing Benefit, Council Tax Benefit, Standard of Proof
Criminal Law Social Security Law Failure to Notify Change of Circumstances Housing Benefit Council Tax Benefit Standard of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Felicity Jean King

Claimant

Kerrier District Council

Defendant

Procedural Posture

Criminal Appeal by Way of Case Stated / High Court Appeal From Magistrates' Court Conviction

Legal Issues

  1. 1 Whether the magistrates were correct to convict where they found the change of circumstances could have affected entitlement to benefits, rather than did affect entitlement

Ratio Decidendi

The magistrates erred in law by convicting on the basis that the change of circumstances could have affected entitlement to benefit, rather than finding beyond reasonable doubt that it did affect entitlement; therefore, the conviction cannot stand.

Court Disposition

appeal allowed; convictions quashed

Orders

  • convictions quashed
  • assessment under legal aid provisions