Practice and Procedure

R v SEFER ENVER (2000)

PUBLISHED January 20, 2000

On an offence of making or causing transactions in fraud of creditors, a judge should give a clear direction of the relevance to the burden on the Crown to prove transfer before the jury went on to consider whether dishonesty had been disproved by the defence on a balance of probabilities.

CA (Crim Div) (Auld LJ, Wright J, Judge David Mellor)