The defendant appealed against his conviction on a charge of: ‘obtaining property by deception contrary to Section 15(1) of the Theft Act 1968 for that you on the 24th February 1971, in the County of Warwick dishonestly obtained from William Arthur Snell 6 gallons of petrol with the intention of permanently depriving William Arthur Snell of the said petrol, by deception, namely false oral representation that you, Andrew David Collis-Smith, was authorised to draw petrol for your private motor car on the account of your employer, James Paper Sacks Limited.’ The petrol had been put in the car before he was asked how it would be paid for.
Held: The appeal was allowed: ‘he Court takes the view that as the evidence emerged in this case – leaving aside altogether the question of ownership, which might involve difficult points under the Sale of Goods Act -possession and control must certainly have been obtained at the time the petrol was put in the tank. If that be the case, neither possession nor control took place after the moment of the deception – the deception came later; and for that reason, the obtaining was obtained before the deception was made. It is perfectly true that if this charge had been laid – even under this Section – in a different form, something to the effect that there was an implied representation made that the petrol would be paid for by the buyer, or an implied representation that it would be paid for at all, and the putting of the petrol in the tank followed that, the situation might be quite different; and it is therefore desirable to emphasise that the Court is only deciding this case on the charge as it was drafted in this case, and on the evidence as it emerged in this case.’
Judges:
Megaw LJ, Cusack, Croom-Johnson JJ
Citations:
[1971] EWCA Crim 1, [1971] Crim LR 716
Links:
Statutes:
Crime
Updated: 10 July 2022; Ref: scu.249924