[2025] EWCA Crim 1103
Court of Appeal (Criminal Division)

[2025] EWCA Crim 1103

Fecha: 25-Jul-2025

The Factual Background

The Factual Background

3.

Counts 1 and 2 alleged that the applicant had pretended that his home had been burgled on 15 April 2015 when it had not (count 1) and that he had given false information about the burglary including suggesting certain people as "suspects" and exaggerating the degree of loss he said he had suffered (count 2). Count 6 alleged that when applying for a mortgage from Lloyds Bank in and after October 2012, to facilitate the purchase of 132 Clarence Road in St Albans, the applicant submitted or procured a false employment and earnings reference purporting to come from Southampton General NHS Trust, knowing that the reference was false, not least because he was no longer employed by Southampton General NHS Trust on the date that the so-called employer's reference was given and in in any event the reference overstated his earnings.

4.

Count 7 alleged that in June 2015 the applicant and his wife had applied of a further mortgage advance of £135,000 secured on 132 Clarence Road. The documents submitted in support included what purported to be tax returns for the applicant and his wife for the years 2011/2012, 2012/2013 and 2013/2014. The tax returns for the applicant purported to have been produced by Jerry McDonald, a chartered accountant at Johnston Carmichael LLP. They purported to evidence his net profit for those tax years as in excess of £86,000, £145,000 and £131,000 respectively. In fact, the tax returns were false documents. The applicant's fingerprint was found on a copy, demonstrating at least a physical connection with the accounts. The applicant had never been a client of Johnston Carmichael LLP between 2011 and 2017. Mr McDonald had not prepared the accounts or accounts for anyone called Anthony McGrath. The signature on the front cover of the accounts was not his and the logo shown on the front cover was not that of Johnston Carmichael LLP or any related firm. The applicant had submitted the false accounts to Lloyds Bank who granted the applicant and his wife a further advance of £135,000.

5.

Count 8 alleged that the couple's earnings were not sufficient to keep pace with their increasing expenditure. This prompted them to mortgage a house in Somerton Road in Belfast, which they did using, said the prosecution, fraudulent means, namely by providing incorrect details about their respective incomes. As a result they secured an advance of £84,375. That mortgage was taken out by Mrs McGrath alone.