Gray, R v

Gray, R v

The documentary evidence was admissible as acts in furtherance of the conspiracy and as business records; the jury was properly directed on the evidential significance of the documents; the conviction was safe; the sentence was appropriate given the breach of trust and benefit obtained; and the confiscation order was properly calculated, subject to a minor adjustment, but remained within the appellant's realisable assets.

Parties
Respondent: R; Appellant: Phillip Ronald Gray
Jurisdiction
England and Wales
Judgment Date
09 November 2007
Procedural Posture
Criminal Appeal / Appeal From Conviction, Sentence, and Confiscation Order
Outcome
Appeal against conviction and sentence dismissed; appeal against confiscation order dismissed subject to minor adjustment
Legal Topics
Conspiracy to Corrupt, Conspiracy to Defraud, Admissibility of Evidence, Confiscation of Proceeds of Crime, Sentencing
Criminal Law Conspiracy to Corrupt Conspiracy to Defraud Admissibility of Evidence Confiscation of Proceeds of Crime Sentencing

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Parties

R

Respondent

Phillip Ronald Gray

Appellant

Procedural Posture

Criminal Appeal / Appeal From Conviction, Sentence, and Confiscation Order

Legal Issues

  1. 1 Whether the documentary evidence was admissible against the appellant
  2. 2 Whether the jury was properly directed on the evidential significance of the documents
  3. 3 Whether the conviction was safe

Ratio Decidendi

The documentary evidence was admissible as acts in furtherance of the conspiracy and as business records; the jury was properly directed on the evidential significance of the documents; the conviction was safe; the sentence was appropriate given the breach of trust and benefit obtained; and the confiscation order was properly calculated, subject to a minor adjustment, but remained within the appellant's realisable assets.

Court Disposition

Appeal against conviction and sentence dismissed; appeal against confiscation order dismissed subject to minor adjustment

Orders

  • Renewed application for leave to appeal against conviction refused
  • Application for leave to appeal against sentence refused