R v Melin [2019] EWCA Crim 8

Court of Appeal

Facts: The defendant, falsely representing himself as an experienced medical professional, performed cosmetic procedures, including Botox injections, that were poorly executed. The patients consented based on his misrepresentation of qualifications.

Held: The Court of Appeal upheld the conviction, finding that the fraud involved both the identity and qualifications of the performer, which vitiated the patients' consent.

Key Quote: McCombe LJ: “There may be cases where a person’s identity is inextricably linked to his or her professional status... Richardson does not assist the appellant.”

💡Levelup : This case reinforced that fraud affecting both the identity and qualifications of a person performing an act can vitiate consent, distinguishing it from cases where only qualifications are falsely represented.