J & Ors, R. v

J & Ors, R. v

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 and did not give informed consent. It is sufficient to prove that the payment for the prohibited purpose was made corruptly.

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 Ruling
Outcome
Appeal allowed
Legal Topics
Corruption, Bribery, Statutory Interpretation

Case Brief

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Parties

Regina

Appellant

J, B, V and S

Respondents

D

Intervening Party

Procedural Posture

Criminal Appeal / Appeal From Crown Court Ruling

  1. 1 Whether the 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

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 and did not give informed consent. It is sufficient to prove that the payment for the prohibited purpose was made corruptly.

Court Disposition

Appeal allowed

Orders

  • Ruling of the judge set aside