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10 Jun 2022

Andrew Smith and Joseph Hume write for PLC Magazine on the relationship between statutory and common law fraud offences

Partner Andrew Smith and Associate Joseph Hume have written an article for PLC Magazine on the issues with the common law offence of conspiracy to defraud and its relationship with statutory fraud offences.

They write: “For many years, criminal lawyers have debated the parameters of the common law offence of conspiracy to defraud, its interaction with statutory fraud offences and the circumstances in which prosecutors should charge it.

Detractors have regularly called for its abolition, criticising its overly broad application and consequent lack of legal certainty. Supporters have fervently defended its place in the prosecutorial armoury, praising its value as a “mopping-up” charge where statutory fraud offences fall short.

Recent case law has shed new light onto these debates, highlighting not just the resilience and breadth of conspiracy to defraud, but the principles that govern the interplay between common law and statutory offences.”

Read the full article here

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