Practice and Procedure

R V (1) K (2) G (3) M (2004)

PUBLISHED November 2, 2004

[2004] EWCA Crim 2685

The essential ingredient of the offence of conspiracy to defraud was the agreement to defraud a person of something. A clear distinction had to be drawn between the ingredients of the offence and the particulars that gave reasonable information as to the nature of the charge. Accordingly, at the trial of a charge of conspiracy to defraud, a judge was not required to direct the jury that it had to decide unanimously that the defendant had been party to an agreement that at least one of the representations in the particulars would be made.

CA (Crim Div) (Thomas LJ, Gage LJ, Judge Richard Brown)