TJC, R v [2015] EWCA Crim 1276 (21 July 2015)

TJC, R v [2015] EWCA Crim 1276 (21 July 2015)

The indictment was sufficient for a case based on a general deficiency, and the Recorder was wrong in law to stay the count for lack of further particulars. The prosecution should set out the calculation of the general deficiency in a written note, but it is not necessary to specify each transaction.

Citation
[2015] EWCA Crim 1276
Parties
Applicant: Regina; Respondent: TJC
Jurisdiction
England and Wales
Judgment Date
21 July 2015
Procedural Posture
Criminal Appeal / Appeal Against Terminating Ruling Under S.58 Criminal Justice Act 2003
Outcome
Appeal allowed; terminating ruling set aside; proceedings on count 1 to resume in Crown Court.
Legal Topics
Abuse of Process, Fraud, Particularisation of Indictment, Lasting Power of Attorney
Criminal Law Abuse of Process Fraud Particularisation of Indictment Lasting Power of Attorney

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Parties

Regina

Applicant

TJC

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Terminating Ruling Under S.58 Criminal Justice Act 2003

Legal Issues

  1. 1 Whether the indictment for fraud was sufficiently particularised when based on a general deficiency rather than specific transactions
  2. 2 Whether it was an abuse of process to proceed without further particulars of the alleged fraudulent transactions

Ratio Decidendi

The indictment was sufficient for a case based on a general deficiency, and the Recorder was wrong in law to stay the count for lack of further particulars. The prosecution should set out the calculation of the general deficiency in a written note, but it is not necessary to specify each transaction.

Court Disposition

Appeal allowed; terminating ruling set aside; proceedings on count 1 to resume in Crown Court.

Orders

  • Prosecution to produce a note by 1 October setting out the case as to the calculation of the general deficiency alleged.
  • Proceedings on count 1 to be heard together with counts 2, 3, and 4.