R v James Vaux

Facts

The applicant, James Vaux, was a director of HV Civils & Construction Ltd ("HVCC"), a fibre optic installation business he ran with his business partner Lee Higgs, which used around five tonnes of tarmac a day to make good roads after cabling works and was a sub-contractor of Henegan Holdings Ltd. Daniel Mallinson, Ashley Wood and Andrew Brown worked at Hanson UK's asphalt plant on South Accommodation Road in Leeds as plant supervisor, mixer operator and weighbridge clerk respectively, and facilitated the removal of asphalt from the site without payment or proper records. The thefts came to light after an anonymous tip-off; an investigator engaged by Hanson's general manager found that between 24 May and 13 June 2019 five trucks owned by Henegans had left with 17 loads that were under-recorded or unrecorded, and a police investigation of the three men's bank accounts revealed substantial transfers from HVCC in 2017 and 2018. The applicant's case was that he had bought asphalt from the three employees believing they had authority to sell in bulk at a discount and that the money reached Hanson. Following a trial before His Honour Judge Khokhar and a jury in the Crown Court at Leeds, he was convicted of conspiracy to commit theft; his three co-accused had pleaded guilty. He sought leave to appeal against conviction, the Registrar referring the application to the full court.