3 Jul 2000
No point of law of great and general importance was identified in the material and there was no suggestion of grave and substantial injustice arising from the convictions; accordingly leave to appeal to the Court of Final Appeal was refused.
3 Feb 2000
The conviction was quashed because the prosecution's evidence was insufficient and, on the evidence admitted, positively negatived the essential elements of the amended charge; the court did not decide the legal question whether taking evidence before obtaining a fresh Secretary for Justice consent necessarily vitiates proceedings, but warned prosecutors to obtain consent promptly.
12 Mar 1997
The magistrate did not err in treating the witness's account as a restatement of the appellant's request rather than inadmissible opinion; the evidence established solicitation of loans from both witnesses under s.3 and convictions were upheld. However, because the two offences were so closely connected as one course of conduct, the cumulative 14 months sentence was excessive under the totality principle and the appellant was entitled to immediate release given time already served.
21 Mar 1980
Given the appellant's youth, frank plea, remorse, repayment of the loan, favourable probation report and comparative sentencing practice, the appellate court allowed the appeal to the extent of directing that no conviction be recorded while leaving the conditional discharge and monetary requirements intact.
15 Mar 1976
Given the mitigating circumstances (loans repaid, motives such as hardship or speculation, lack of departmental connection to the lender, and lengthy public service) and the public interest context, the Court allowed the appeals to the extent that convictions should not be recorded; in the distinct but related case (No.219) the fine was set aside and no conviction recorded and any fine paid must be returned.
15 Mar 1976
Given the particular mitigating circumstances (no departmental connection to the lender, loans for personal necessity or speculation, prompt repayment, long public service and potential disproportionate effect of a recorded conviction on employment and pension), the Court allowed the appeals to the extent that convictions should not be recorded in each case and set aside the fine in Criminal Appeal No.219 and ordered any paid fine returned, while affirming that s.3 offences are serious and that prosecutors acted with proper consent.