QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
|RICHARD LAURENCE BROWBANK||(CLAIMANT)|
|THE DIRECTOR OF PUBLIC PROSECUTIONS||(DEFENDANT)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MR ADAM FEEST (instructed by Crown Prosecution Service, London Road, Basingstoke, RG 21 4AD) appeared on behalf of the DEFENDANT
Crown Copyright ©
"We did not find it credible that other surplus amounts arising from refunds could have remained undetected in the system as a small surplus would have alerted the Store Supervisor.
"We did not draw an adverse inference from Mr Browbank's silence at trial.
"We rejected a submission of no case to answer as we were of the opinion that evidence of appropriation had been addressed by the respondent in that the refund transactions could amount to the taking of a corresponding sum of money."
"The question for the opinion of the High Court is whether a reasonable tribunal properly directed could have convicted the appellant on the evidence laid before the court."