Bala & Ors, R v [2016] EWCA Crim 560 (10 May 2016)

Bala & Ors, R v [2016] EWCA Crim 560 (10 May 2016)

The exemption from conspiracy liability under s.2(2) Criminal Law Act 1977 applies only to spouses under a marriage recognised as valid under English law. As Dr Bala was domiciled in the UK at the time of his polygamous marriage to Mrs Bala-Tonglele, the marriage was void under English law and she was not a 'spouse'...

Source-derived case information.

Citation
[2016] EWCA Crim 560
Parties
Respondent: R; Appellant/applicant: Yilkyes Finok Bala; Appellant/applicant: Giwo Bala-Tonglele; Appellant/applicant: Casmir Ekwugha
Jurisdiction
England and Wales
Judgment Date
10 May 2016
Procedural Posture
Criminal Appeal / Court of Appeal (criminal Division) Judgment
Outcome
Appeals dismissed; convictions upheld.
Legal Topics
Criminal Conspiracy, Recognition of Foreign Marriages, Polygamous Marriage, Domicile, Competence and Compellability of Witnesses, Evidence of Acquittals, Immigration Offences
Criminal Law Family Law Immigration Law Criminal Conspiracy Recognition of Foreign Marriages Polygamous Marriage Domicile Competence and Compellability of Witnesses +2 more

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Parties

R

Respondent

Yilkyes Finok Bala

Appellant/applicant

Giwo Bala-Tonglele

Appellant/applicant

Casmir Ekwugha

Appellant/applicant

Procedural Posture

Criminal Appeal / Court of Appeal (criminal Division) Judgment

Legal Issues

  1. 1 Whether parties to a polygamous marriage valid under foreign law are 'spouses' for the purposes of s.2(2) Criminal Law Act 1977
  2. 2 Whether the issue of domicile should have been left to the jury
  3. 3 Whether acquittals of co-accused at a previous trial should be adduced as evidence at a retrial

Ratio Decidendi

The exemption from conspiracy liability under s.2(2) Criminal Law Act 1977 applies only to spouses under a marriage recognised as valid under English law. As Dr Bala was domiciled in the UK at the time of his polygamous marriage to Mrs Bala-Tonglele, the marriage was void under English law and she was not a 'spouse' for s.2(2) purposes. The judge was entitled not to leave the issue of domicile to the jury. Acquittals of co-accused at the first trial were irrelevant and properly excluded at the retrial.

Court Disposition

Appeals dismissed; convictions upheld.

Orders

  • Appeals of Dr Bala, Mrs Bala-Tonglele and Mr Ekwugha dismissed.
  • Convictions on all counts upheld.