Tilley, R. v

Tilley, R. v

The court held that 'allows' in s.111A(1B) of the Social Security Administration Act 1992 requires some active participation or approval in the failure to notify a change of circumstances, not mere inaction. As there was no evidence that the respondent did anything to prevent or encourage the failure to notify, and no appropriate step he could have taken was identified, he was not criminally liable under the statute.

Parties
Appellant: Regina; Respondent: Christopher Tilley
Jurisdiction
England and Wales
Judgment Date
20 July 2009
Procedural Posture
Criminal Appeal / Appeal Against Terminating Ruling
Outcome
Appeal dismissed; acquittal directed
Legal Topics
Interpretation of 'allows' in Criminal Liability, Social Security Administration Act Offences, Dishonest Failure to Notify Change of Circumstances
Criminal Law Social Security Law Interpretation of 'allows' in Criminal Liability Social Security Administration Act Offences Dishonest Failure to Notify Change of Circumstances

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Regina

Appellant

Christopher Tilley

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Terminating Ruling

Legal Issues

  1. 1 Whether 'allows' in s.111A(1B) of the Social Security Administration Act 1992 requires a positive act or includes mere omission
  2. 2 Whether the respondent's inaction constituted criminal liability under the statute

Ratio Decidendi

The court held that 'allows' in s.111A(1B) of the Social Security Administration Act 1992 requires some active participation or approval in the failure to notify a change of circumstances, not mere inaction. As there was no evidence that the respondent did anything to prevent or encourage the failure to notify, and no appropriate step he could have taken was identified, he was not criminally liable under the statute.

Court Disposition

Appeal dismissed; acquittal directed

Orders

  • Terminating ruling stands
  • Respondent acquitted under s.61(3) of the Criminal Justice Act 2003