Bermingham & Anor v R.

Bermingham & Anor v R.

There was no compelling evidence of jury misconduct or bias; the judge's direction on the Euribor Code was correct in law; the offence of conspiracy to defraud was sufficiently certain and the directions on dishonesty and intent were proper. The convictions are safe and the appeals are dismissed.

Parties
1st Appellant: Colin Bermingham; 2nd Appellant: Carlo Palombo; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
09 December 2020
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Applications for Leave to Appeal Against Conviction and Sentence
Outcome
Appeals dismissed; leave to appeal granted on Ground 1 (jury issues) but dismissed after full consideration; leave refused on other grounds.
Legal Topics
Conspiracy to Defraud, Jury Bias, Euribor Manipulation, Legal Certainty, Dishonesty Standard, Judicial Directions, Appeal Procedure
Criminal Law Financial Crime Conspiracy to Defraud Jury Bias Euribor Manipulation Legal Certainty Dishonesty Standard Judicial Directions +1 more

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Parties

Colin Bermingham

1st Appellant

Carlo Palombo

2nd Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Applications for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the convictions are unsafe due to alleged jury misconduct and/or apparent bias
  2. 2 Whether the judge's direction on the 'proper basis' for Euribor submissions was legally correct
  3. 3 Whether the offence of conspiracy to defraud lacked legal certainty in this context

Ratio Decidendi

There was no compelling evidence of jury misconduct or bias; the judge's direction on the Euribor Code was correct in law; the offence of conspiracy to defraud was sufficiently certain and the directions on dishonesty and intent were proper. The convictions are safe and the appeals are dismissed.

Court Disposition

Appeals dismissed; leave to appeal granted on Ground 1 (jury issues) but dismissed after full consideration; leave refused on other grounds.