Gilbert, R v [2012] EWCA Crim 2392 (21 November 2012)

Gilbert, R v [2012] EWCA Crim 2392 (21 November 2012)

The conviction was unsafe because the causative link between the false representation and the intended gain or loss was not properly addressed at trial or in the summing up, resulting in a misdirection.

Source-derived case information.

Citation
[2012] EWCA Crim 2392
Parties
Respondent: R; Appellant: Stephanie Rae Gilbert
Jurisdiction
England and Wales
Judgment Date
21 November 2012
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
conviction quashed, appeal allowed
Legal Topics
Fraud, False Representation, Company Law, Director's Disqualification
Criminal Law Fraud False Representation Company Law Director's Disqualification

Source-derived case record

Summary, issues, holding and outcome

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Parties

R

Respondent

Stephanie Rae Gilbert

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant's conviction for fraud by false representation under s.2 Fraud Act 2006 was safe
  2. 2 Whether there was sufficient evidence of a false representation and intent to make a gain or cause loss

Ratio Decidendi

The conviction was unsafe because the causative link between the false representation and the intended gain or loss was not properly addressed at trial or in the summing up, resulting in a misdirection.

Court Disposition

conviction quashed, appeal allowed

Orders

  • Appellant's conviction on Count 3 quashed