Bush & Anor, R. v

Bush & Anor, R. v

The Court of Appeal held that the trial judge did not err in law or principle, nor act unreasonably, in upholding the submission of no case to answer. The prosecution's case, as presented and agreed at trial, required proof that the Respondents knew income was being improperly and unlawfully recognised. The evidence did not establish that either Respondent had such knowledge prior to the Legacy Paper. All key prosecution witnesses, including those relied on as witnesses of truth, were unaware of any unlawful recognition of income at the relevant time. The judge was entitled to find that no reasonable jury could convict on the evidence presented. The application for leave to appeal was...

Parties
Applicant: Regina; Respondent: Bush; Respondent: Scouler
Jurisdiction
England and Wales
Judgment Date
30 January 2019
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against a Ruling of No Case to Answer
Outcome
Application for leave to appeal refused; Respondents acquitted.
Legal Topics
Fraud by Abuse of Position, False Accounting, Submission of No Case to Answer, Dishonesty, Corporate Governance, Sufficiency of Evidence
Criminal Law Corporate Crime Financial Regulation Fraud by Abuse of Position False Accounting Submission of No Case to Answer Dishonesty Corporate Governance +1 more

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Parties

Regina

Applicant

Bush

Respondent

Scouler

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against a Ruling of No Case to Answer

Legal Issues

  1. 1 Whether the trial judge erred in upholding a submission of no case to answer for the Respondents on charges of fraud by abuse of position and false accounting
  2. 2 Whether there was sufficient evidence for a reasonable jury to convict the Respondents
  3. 3 Whether the trial judge misapplied the legal test under R v Galbraith

Ratio Decidendi

The Court of Appeal held that the trial judge did not err in law or principle, nor act unreasonably, in upholding the submission of no case to answer. The prosecution's case, as presented and agreed at trial, required proof that the Respondents knew income was being improperly and unlawfully recognised. The evidence did not establish that either Respondent had such knowledge prior to the Legacy Paper. All key prosecution witnesses, including those relied on as witnesses of truth, were unaware of any unlawful recognition of income at the relevant time. The judge was entitled to find that no reasonable jury could convict on the evidence presented. The application for leave to appeal was...

Court Disposition

Application for leave to appeal refused; Respondents acquitted.

Orders

  • Leave to appeal refused.
  • Acquittal of the Respondents directed.