R v Sakavickas & Anor [2004] EWCA Crim 2686 (03 November 2004)

R v Sakavickas & Anor [2004] EWCA Crim 2686 (03 November 2004)

Section 1(2) of the Criminal Law Act 1977 does not apply to conspiracy to commit an offence under section 93A of the Criminal Justice Act 1988 because suspicion is a fact to be proved by the prosecution, and the defendant's knowledge of his own suspicion is inherent. Therefore, suspicion is sufficient and knowledge is not required for liability; the trial judge's directions were correct.

Citation
[2004] EWCA Crim 2686
Parties
Appellant: Sakavickas; Appellant: Reichwald; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
03 November 2004
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Conspiracy, Money Laundering, Mens Rea, Criminal Justice Act 1988, Criminal Law Act 1977
Criminal Law Conspiracy Money Laundering Mens Rea Criminal Justice Act 1988 Criminal Law Act 1977

Case Brief

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Parties

Sakavickas

Appellant

Reichwald

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether section 1(2) of the Criminal Law Act 1977 requires knowledge, not mere suspicion, for conspiracy to commit an offence under section 93A of the Criminal Justice Act 1988
  2. 2 Whether the trial judge's directions to the jury on the required mental element were correct

Ratio Decidendi

Section 1(2) of the Criminal Law Act 1977 does not apply to conspiracy to commit an offence under section 93A of the Criminal Justice Act 1988 because suspicion is a fact to be proved by the prosecution, and the defendant's knowledge of his own suspicion is inherent. Therefore, suspicion is sufficient and knowledge is not required for liability; the trial judge's directions were correct.

Court Disposition

appeal dismissed

Orders

  • Appeals of Sakavickas and Reichwald dismissed