John Darwin, 57, the canoeist who walked into a London police station and announced himself as a 'missing person' five years after he was presumed dead, admitted a series of fraud chanrges in court yesterday.
He has pleaded to seven charges totalling almost £250,000, but he will not be sentenced until after the trial of his wife Anne, 55, which is due to take place in July.
He denied nine other charges of using criminal property, but Mr Darwin will not face trial for these charges and they will be left to lie on file, prosecutors said.
Mrs Darwin, who originally fled to Panama after the reappearance of her husband, has denied five charges of deception and nine counts of using criminal property.
Richard Dew, barrister and expert in Wills, trusts, probate and inheritance, looks at the legal questions arising from the Darwin's case.
If a person's husband or wife went missing, in the eyes of the law when could the spouse be 'presumed dead' and when would they be able to make an insurance claim?
The law presumes death after seven years have passed without contact from the 'supposed deceased' and after sufficient enquiries have been made. This presumption is occasionally used in order to distribute the assets of someone who has been missing for many years. It's possible, though, to persuade a court that a person is dead, even if seven years haven't passed, but convincing evidence of death would be necessary.
In the case of the Darwins, the life insurance company was sufficiently persuaded by the empty canoe and other 'evidence' that Mr Darwin had died and it paid out before the seven years had passed.
Does the law impose limits on claims by insurance companies for recovery of the money?
The law usually imposes a limit of six years. However, if it has been believed that a crime may have been committed, then the life insurance company may be able to persuade a judge to extend this period on the basis of fraud.
In reality, a person who has committed fraud may never completely avoid either criminal punishment or being sued for the money.
If a person under suspicion for committing fraud has left the country, will they be extradited?
A person who has committed fraud would find it extremely difficult to find a country where neither criminal sanctions nor civil orders for the repayment of the money could get to them. 'Safe havens' of this kind are pretty rare these days. A country would need to have very limited links with the UK for it not to return ('extradite') the person or seize his assets to meet any English judgment.
In the case of Mrs Darwin, who initially fled to Panama, it may be one such country. It apparently does have an extradition treaty with the UK but it has never actually used it to send anyone back to the UK.
How long can you get for fraud?
Mr Darwin's lawyer, Peter Makepeace, told the judge that 'he fully expects a lengthy custodial sentence'.
Further information
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