Gilbert, R v

Gilbert, R v

The causative link between the false representation and the intention to make a gain was not properly addressed; the jury was misdirected, rendering the conviction unsafe.

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 Director Disqualification
Criminal Law Fraud False Representation Company Director Disqualification

Case Brief

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 there was sufficient evidence of a false representation under s.2 Fraud Act 2006
  2. 2 Whether the appellant acted dishonestly
  3. 3 Whether the appellant intended to make a gain by making the false representation

Ratio Decidendi

The causative link between the false representation and the intention to make a gain was not properly addressed; the jury was misdirected, rendering the conviction unsafe.

Court Disposition

conviction quashed, appeal allowed

Orders

  • The appellant's conviction on Count 3 is quashed.
  • The appeal is allowed.