J & Ors, R. v [2013] EWCA Crim 2287 (05 December 2013)

J & Ors, R. v [2013] EWCA Crim 2287 (05 December 2013)

The prosecution does not have to prove as an ingredient of the offence under s.1 of the Prevention of Corruption Act 1906 that the principal did not know of the payment or did not give informed consent; it is sufficient to prove that the payment for the prohibited purpose was made corruptly.

Citation
[2013] EWCA Crim 2287
Parties
Appellant: Regina; Respondents: J, B, V and S; Intervening Party: D
Jurisdiction
England and Wales
Judgment Date
05 December 2013
Procedural Posture
Criminal Appeal / Appeal From Crown Court to Court of Appeal (criminal Division)
Outcome
Appeal allowed; judge's ruling set aside.
Legal Topics
Corruption, Bribery, Principal and Agent, Prevention of Corruption Act 1906, Consent of Principal, Statutory Construction
Criminal Law Statutory Interpretation Corruption Bribery Principal and Agent Prevention of Corruption Act 1906 Consent of Principal Statutory Construction

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Parties

Regina

Appellant

J, B, V and S

Respondents

D

Intervening Party

Procedural Posture

Criminal Appeal / Appeal From Crown Court to Court of Appeal (criminal Division)

Legal Issues

  1. 1 Whether prosecution must prove lack of principal's knowledge or consent as an ingredient of the offence under s.1 of the Prevention of Corruption Act 1906
  2. 2 Interpretation of 'corruptly' in the context of bribery offences

Ratio Decidendi

The prosecution does not have to prove as an ingredient of the offence under s.1 of the Prevention of Corruption Act 1906 that the principal did not know of the payment or did not give informed consent; it is sufficient to prove that the payment for the prohibited purpose was made corruptly.

Court Disposition

Appeal allowed; judge's ruling set aside.

Orders

  • The ruling of the judge requiring proof of lack of principal's knowledge or consent as an ingredient of the offence is set aside.