Kembaraxtra-Case Law -Scott v Metropolitan Police Commissioner (1975) HL

Case Summary

• Facts: The defendant (D) conspired with cinema employees to temporarily remove films for unauthorized copying and commercial distribution without the owners' consent.
• Holding: D was found guilty of conspiracy to defraud at common law.

Key Legal Principles

• Definition of Conspiracy to Defraud (Per Viscount Dilhorne):
• "An agreement between two or more by dishonesty to deprive a person of something which is his or to which he is or would or might be entitled..."
• "...and an agreement by two or more to injure some proprietary right of his, suffices to constitute the offence of conspiracy to defraud."
• Deception: Not a requisite element of the offence of conspiracy to defraud at common law.

Important Note

• This common law conspiracy offence remains in effect and is not replaced by statute (specifically, s 5(2) of the Criminal Law Act 1977).