ABUSE OF TRUST

Relief from forfeiture under the Forfeiture Act 1982 was not granted to a beneficiary who had been convicted of the manslaughter of the deceased where, having regard to the conduct of the claimant and all other material circumstances, the justice of the case did not require it.

[2003] EWHC 796 (Ch)

Where a 43-year-old man had had consensual sexual intercourse with a 15-year-old on three occasions, his sentence to two years’ imprisonment concurrent on each count was not manifestly excessive.

[2002] EWCA Crim 494

In an appeal against a five-year sentence for ten offences of indecent assault on a male, having had regard to the fact that the appellant was guilty of a gross breach of trust in concealing the abuse over a long period of time, the Court of Appeal was of the view that the sentence would be regarded as neither manifestly excessive or wrong in principle and accordingly the appeal was dismissed.

A conviction for being knowingly concerned in the fraudulent evasion of a prohibition on the importation of cocaine was safe in circumstances where the judge had been right in giving a direction under the Criminal Justice and Public Order Act 1994 s.34 enabling the jury to draw an adverse inference from the defendant’s reliance at trial on facts that he had failed to mention earlier.