The Law Reports (Queen's Bench Division)
[2021] QB 685
Court of Appeal
Regina v Barton and another
[2020] EWCA Crim 575
2020 Jan 20, 21; April 29
Lord Burnett of Maldon CJ, Dame Victoria Sharp P, Fulford LJ, McGowan, Cavanagh JJ
Judicial precedent— Court of Appeal decision— Conflict of authority— Obiter dictum of Supreme Court disapproving long-standing test for dishonesty in criminal cases established by decision of Court of Appeal— Whether obiter dictum of Supreme Court effectively overruling earlier Court of Appeal decision
Crime— Conspiracy— Conspiracy to defraud— Defendants exploiting wealthy residents of luxury nursing home to profit from them— Whether defendants acting dishonestly— Whether dishonesty requiring defendant to appreciate conduct dishonest by ordinary standards— Whether offence requiring unlawful or aggravating conduct over and above dishonest agreement containing element of unlawfulness— Whether offence sufficiently precise—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 7