ABSTRACT

This chapter is concerned with the potential impact on prosecutions under the Fraud Act 2006 of the Court of Appeal’s judgment in Hunter Hunter [2015] 1 WLR 5367. This purported to provide greater clarity in the law on good character. However, it is argued here that there is an unresolved conflict between the judgment in Hunter Hunter and that of the leading case of Aziz Aziz [1996] AC 41 which, with respect, the Court of Appeal appears to have misinterpreted and misconstrued. It is argued here that as proving guilt for offences under the Fraud Act 2006 often hinges on the uncertain concept of dishonesty, to which the defendant’s good character can be of central importance, the consequences of the changes to the law brought about by Hunter Hunter will be especially significant for Fraud Act 2006 defendants.