Smith, R v (Wallace Duncan) (No 4) [2004] CA

Sunday 21 March 2004 at 1:31 pm | In News | Post Comment

Deception – s1 TA 1978 – deception can be anywhere in the world]
D a Canadian working from the UK set up various bogus deals.  A “repo” a type of lending occurred in New York, and so D alleged the UK courts had no jurisdiction.

Held: A court could try an offence of obtaining services by deception where the obtaining took place outside the jurisdiction but a substantial part of the deception took place within the jurisdiction, provided that there was no reason of international comity why the court should not do so.

It would undermine the inherent nature of the common law if courts were prevented as a matter of principle from developing the law to meet the needs of contemporary society in the present situation.

Guilty (of substituted offence of s1 TA 1978 )

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