scholarly journals Dishonesty

2019 ◽  
Vol 48 (1-2) ◽  
pp. 5-14
Author(s):  
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
The Supreme Court ◽  
The Subject ◽  
Alumni Association ◽  
Uk Supreme Court ◽  
The Uk ◽  
Obiter Dictum

This article provides an exposition and assessment of the UK Supreme Court judgment in the case of Ivey v Genting Casinos (UK) Ltd. It identifies the Supreme Court’s reconsideration, obiter dictum, of the test of dishonesty in civil and criminal law. This term is used in particular in offences such as those set out in the Theft Act 1968. Prior to the Supreme Court’s intervention, the leading case was R v Ghosh [1982] EWCA Crim 2. However, the Ghosh test in that case has been the subject of significant criticism in the academy and elsewhere, and some such critiques are discussed in the Supreme Court judgment. This article, which considers these developments, was first delivered as the Bristol Alumni Association Lecture on 23 February 2018.

Odpowiedzialność karna za przestępne współdziałanie w prawie angielskim po wyroku R v. Jogee; Ruddock v. The Queen

2019 ◽  
Vol 76 ◽  
pp. 98-121
Author(s):  
Piotr Brzostek
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Mens Rea ◽  
Privy Council ◽  
The Supreme Court ◽  
English Law ◽  
Joint Enterprise ◽  
Uk Supreme Court ◽  
The Uk ◽  
Secondary Liability

The combined decisions of the UK Supreme Court and Judicial Committee of the Privy Council in R v. Jogee; Ruddock v. The Queen caused upheaval in the English law on criminal complicity. The Supreme Court/Privy Council decided that the law on criminal complicity „took a wrong turn” 33 years ago in the Privy Council ruling in Chan Wing-Siu which concerned a controversial doctrine of parasitic joint enterprise liability. According to the said doctrine, if A and B set out to commit a crime X (e.g. robbery) and B foresees that A might commit crime Y (e.g. murder) in the course of committing crime X, B will be liable for crime Y, even if he does not intend that crime Y be committed. The mere fact of foresight on B’s part is enough for him to be criminally liable. Decision in Jogee; Ruddock is of seminal importance as it overturned the doctrine of parasitic joint enterprise liability. It is doubtful, however, to what extent the Supreme Court has resolved the problems that have bedeviled this area of law. This article presents in outline the English law on criminal complicity and attempts to assess the changes that were introduced in Jogee; Ruddock. A number of issues still call for further refinement and resolution. It appears, however, that the emphasis the Supreme Court put on intention as a required standard of fault, draws, at least superficially, the continental (Polish and German) and English criminal law closer together in terms of mens rea requirements for secondary liability.

scholarly journals The honest cheat: a timely history of cheating and fraud following Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67

Legal Studies ◽  
2020 ◽  
Vol 40 (2) ◽  
pp. 252-268
Author(s):  
Cerian Griffiths
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Historical Analysis ◽  
The Supreme Court ◽  
Actus Reus ◽  
History Of ◽  
Uk Supreme Court ◽  
Central Pillar ◽  
The Uk

AbstractThe UK Supreme Court took the opportunity in Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67 to reverse the long-standing, but unpopular, test for dishonesty in R v Ghosh. It reduced the relevance of subjectivity in the test of dishonesty, and brought the civil and the criminal law approaches to dishonesty into line by adopting the test as laid down in Royal Brunei Airlines Sdn Bhd v Tan. This paper employs extensive legal historical research to demonstrate that the Supreme Court in Ivey was too quick to dismiss the significance of the historical roots of dishonesty. Through an innovative and comprehensive historical framework of fraud, this paper demonstrates that dishonesty has long been a central pillar of the actus reus of deceptive offences. The recognition of such significance permits us to situate the role of dishonesty in contemporary criminal property offences. This historical analysis further demonstrates that the Justices erroneously overlooked centuries of jurisprudence in their haste to unite civil and criminal law tests for dishonesty.

scholarly journals Judicial leadership on the UK Supreme Court

Legal Studies ◽  
2018 ◽  
Vol 38 (2) ◽  
pp. 191-220 ◽  
Author(s):  
Rosemary Hunter ◽  
Erika Rackley
Keyword(s):  
Supreme Court ◽  
Quantitative Data ◽  
Community Leadership ◽  
The Other ◽  
Three Dimensions ◽  
The Supreme Court ◽  
The Future ◽  
Uk Supreme Court ◽  
The Uk ◽  
Substantial Degree

AbstractThis paper examines judicial leadership on the UK Supreme Court. It does not confine itself to the formal roles of the President and Deputy President. Rather, building on existing categories of judicial leadership, including administrative, jurisprudential and community leadership, it considers the contributions of all 12 Justices. In so doing, it provides a significant compilation of quantitative data on the activities of the Justices of the Supreme Court both on and off the bench from the the Court's inception in 2009 to the end of the 2014-2015 legal year. From this, we suggest that while a number of the Justices engaged in one or two broad forms of leadership – with Lady Hale in particular demonstrating a substantial degree of leadership across all three dimensions – at the other end of the spectrum, at least on the measures used in this paper, a significant minority did not. In the light of this, and the significant number of recent and forthcoming retirements from the Court, the paper concludes by considering the implications of our findings for the future of the Court. We argue that these retirements will result in gaps in both formal and informal judicial leadership, and it is vital that these gaps are filled by appointees who are capable of, and prepared to step up to, diverse and varied forms of judicial leadership.

scholarly journals ABORTION IN NORTHERN IRELAND AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS: REFLECTIONS FROM THE UK SUPREME COURT

2019 ◽  
Vol 68 (2) ◽  
pp. 477-494
Author(s):  
Bríd Ní Ghráinne ◽  
Aisling McMahon
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Northern Ireland ◽  
Supreme Court ◽  
International Law ◽  
European Convention ◽  
The United Kingdom ◽  
The Supreme Court ◽  
Uk Supreme Court ◽  
The Uk

AbstractOn 7 June 2018, the Supreme Court of the United Kingdom (UKSCt) issued its decision on, inter alia, whether Northern Ireland's near-total abortion ban was compatible with the European Convention of Human Rights (ECHR). This article critically assesses the UKSC's treatment of international law in this case. It argues that the UKSCt was justified in finding that Northern Ireland's ban on abortion in cases of rape, incest, and FFA was a violation of Article 8, but that the majority erred in its assessment of Article 3 ECHR and of the relevance of international law more generally.

scholarly journals Features of signs of the crime object provided by article 166 of the Criminal Code of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 192-198
Author(s):  
Алена Харламова ◽  
Alena Kharlamova ◽  
Юлия Белик ◽  
Yuliya Belik
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Direct Object ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article is devoted to the problematic theoretical and practical issues of the content of the signs of the object of the crimes under Art. 166 of the Criminal Code. The authors determined the main direct object, revealed the essence of the right of ownership, use and disposal. Marked social relations that can act as an optional direct object. Particular attention is paid in the article to the subject of the crime. Attempts have been made to establish criteria that are crucial for the recognition of any vehicle as the subject of theft. The content of the terms “automobile” and “other vehicle” is disclosed. The analysis of the conformity of the literal interpretation of the criminal law to the interpretation of the law enforcer is carried out. It is summarized that the Supreme Court of the Russian Federation narrows the meaning of the term “other vehicle”, including in it only vehicles for the management of which, in accordance with the legislation of the Russian Federation, is granted a special right. The authors provide a list of such vehicles and formulate a conclusion on the advisability of specifying them as the subject of a crime. The narration of the article is accompanied by examples of decisions of courts of various instances in cases of crimes under Art. 166 of the Criminal Code of the Russian Federation

Morrisons off the hook as employers welcome clarity on vicarious liability for data breach

2020 ◽  
Vol 15 (7) ◽  
pp. 504-506
Author(s):  
Emma Flett ◽  
Jenny Wilson ◽  
Rebecca Gover
Keyword(s):  
Supreme Court ◽  
Causal Chain ◽  
Cautionary Tale ◽  
Vicarious Liability ◽  
The Supreme Court ◽  
Protection Legislation ◽  
Uk Supreme Court ◽  
The Uk ◽  
Data Controller ◽  
Court Of Appeal

Abstract The UK Supreme Court has granted the appeal of supermarket chain WW Morrison Supermarkets plc (Morrisons), finding that the Court of Appeal had misunderstood a number of the governing principles of vicarious liability. Considering Morrisons’ liability afresh, the Supreme Court clarified that the motive and authorized acts of the wrongdoing employee are highly material to a finding of vicarious liability, whilst a causal chain of events is not. Whilst Morrisons’ victory is a welcome clarification on the law of vicarious liability, data controllers should take note: had Morrisons not been a sophisticated data controller paying particular attention to its obligations under data protection legislation, the outcome would likely have been more of a cautionary tale.

Cross-fertilisation of Constitutional Ideas

2013 ◽  
Author(s):  
Petra Butler
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
Case Law ◽  
Bill Of Rights ◽  
House Of Lords ◽  
The Supreme Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Uk Supreme Court ◽  
The Uk

This chapter discusses the New Zealand courts' jurisprudence in regard to the interpretative provisions — sections 4, 5, and 6 — of the New Zealand Bill of Rights Act 1990. It not only gives an overview of the relevant New Zealand case law but also compares the courts' approaches to those of their UK counterparts, in particular the UK Supreme Court (formerly, the House of Lords) in regard to section 3 of the UK Human Rights Act 1998. It is argued that the perceived difference in the approaches can be explained by different contexts rather than different methodology. The chapter thereby questions the view held in New Zealand that the UK courts, and especially the Supreme Court, are more activist than the New Zealand courts.

SHORN-OFF COMPLICITY

2016 ◽  
Vol 75 (2) ◽  
pp. 196-199 ◽  
Author(s):  
Matthew Dyson
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Privy Council ◽  
Council Decision ◽  
House Of Lords ◽  
Common Purpose ◽  
The Common ◽  
Uk Supreme Court ◽  
The Uk ◽  
Additional Form

CRIMINAL complicity has been dramatically changed by the combined decisions of the UK Supreme Court and the Privy Council in Jogee; Ruddock [2016] UKSC 8; [2016] UKPC 7; [2016] 2 W.L.R. 681. At least since the Accessories and Abettors Act 1861, it has been settled that a person (S) who has intentionally assisted or encouraged another (P) to commit a crime has been liable to be tried, convicted, and punished as if S was a principal. For decades, there has also been a much-debated, additional form of complicity where the accomplice was “parasitically” liable for further crimes committed by P beyond the scope of a common criminal purpose shared by S and P. For that kind of liability, the accomplice need not have assisted or encouraged the further crime but need only have foreseen that it was a possible incident of the common purpose. The effect of Jogee and Ruddock is that this further form of complicity, first recognised explicitly in the Privy Council decision of Chan Wing-Siu [1985] A.C. 168 and later endorsed by the House of Lords in Powell; English [1999] 1 A.C. 1, has been shorn off the criminal law. As a result, Chan Wing-Siu directions will no longer be given to juries.

scholarly journals «Use of office position» when committing fraud: problems of application

2021 ◽  
Vol 60 (1) ◽  
pp. 97-104
Author(s):  
Valeria V. Zabrodina ◽  
Anna G. Menshikova
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Position Errors ◽  
Judicial Practice ◽  
Official Position ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation

The authors in the article consider the problems of establishing the qualifying feature use of official position when committing fraud. Based on the analysis of the doctrine of criminal law, clarifications of the highest court, materials of specific judicial practice, a circle of subjects related to persons using their official position is determined, as well as the procedure and mechanism for using official position in fraud. According to the results of the study, it is proposed to include in the current resolution of the Plenum of the Supreme Court of the Russian Federation On judicial practice in cases of fraud, misappropriation and embezzlement additional clarifications that reveal the understanding of the content of the sign use of official position. The authors propose to expand the understanding of the subject of official fraud. Such provisions will promote uniformity in law enforcement and helpavoid qualifying fraud using official position errors.

scholarly journals FEATURES OF QUALIFICATIONS FRAUD IN THE CRIMINAL LEGISLATION OF THE RUSSIAN FEDERATION

2017 ◽  
Vol 13 (1-2) ◽  
pp. 113-116
Author(s):  
Stanislav V Rozenko ◽  
Ksenia A Murzina
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Serious Crime ◽  
The Supreme Court ◽  
The Family ◽  
The Subject ◽  
The Russian Federation ◽  
Criminal Legislation

The article considers the problems of determining a fraud in the Russian criminal law. The relevance of the topics currently defined by the presence of problems of qualification of fraud resulting from new approaches to the criminalization of theft. The subject is article 159 of the criminal code. Tasks of the article: suggestion when you know the subject of the crime under-ruined article 159 of the criminal code, in accordance with the current changes of the civil legislation of the Russian Federation, people's property, which includes rights of property; to add to article 159 of the criminal code a qualified sign of the Commission of a fraud committed by a group of individuals that alows you to qualify actions of guilty, in the case of lack of proof of their collusion, as a more serious crime than fraud committed by more than one individual; it seems necessary to define in the explanation of the resolution of Plenum of the Supreme Court position on the percenage of the causes of harware damage with the income of the victim or the aggregate income of the family of the victim, taking into account the number of family members.

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