Mather v HMA [1914] ScotHC HCJ_1 (22 July 1914)

Mather v HMA [1914] ScotHC HCJ_1 (22 July 1914)

The indictment was fatally flawed as it did not allege that the falsehood (the cheque) was the means by which the accused obtained the goods or credit; therefore, no crime of fraud was relevantly charged.

Citation
[1914] ScotHC HCJ_1
Parties
Accused: Mather; Prosecutor: H. M. Advocate
Jurisdiction
Scotland
Judgment Date
22 July 1914
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
conviction suspended and liberation granted
Legal Topics
Fraud, Falsehood, Cheque Fraud
Criminal Law Fraud Falsehood Cheque Fraud

Case Brief

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Parties

Mather

Accused

H. M. Advocate

Prosecutor

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether issuing a cheque without funds constitutes fraud under Scottish law when not the means of obtaining goods or credit

Ratio Decidendi

The indictment was fatally flawed as it did not allege that the falsehood (the cheque) was the means by which the accused obtained the goods or credit; therefore, no crime of fraud was relevantly charged.

Court Disposition

conviction suspended and liberation granted

Orders

  • conviction suspended
  • accused to be liberated