Regina v Kovacs: CACD 1974

The defendant appealed against her conviction for deception. A retailer had been deceived by her use of a bank card.
Held: The appeal failed. In offering a cheque supported by the card, she was to be taken to be making a represention to the shopkeeper that she was authorised by the bank to draw the cheque and use the card.
Lawton LJ said: ‘S16(1) does not provide either expressly or by implication that the person deceived must suffer any loss arising from the deception. What does have to be proved is that the accused by deception obtained for himself or another a pecuniary advantage. What there must be is a causal connection between the deception used and the pecuniary advantage obtained’.

Judges:

Lawton LJ, Michael Davis J

Citations:

[1974] 1 WLR 370

Statutes:

Theft Act 1968 16(1)

Jurisdiction:

England and Wales

Crime

Updated: 23 June 2022; Ref: scu.466291