The defendant made dishonest representations in a document which might, at a later stage, have led to a hire purchase agreement.
Held: Obtaining a hire purchase agreement can amount to the obtaining of services. Halai held that a mortgage advance cannot be described as a service. A hire purchase agreement is distinguishable. A hire purchase agreement is the hiring of goods with various options given to the hirer, who in turn agrees to pay the instalments, maintain the vehicle and so on. The hire purchasing of a vehicle on some such terms can be regarded as the conferring of some benefit by doing some act, or causing or permitting an act to be done, on the understanding that the benefit has been or will be paid for, this being the definition of services in section 1(2) of the Theft Act 1978. The finance company confers a benefit by delivering possession of the vehicle to the hirer (or by causing or permitting the garage to do so) on the understanding that the hirer has paid or will pay a deposit and subsequent instalments.
Citations:
(1986) 82 Cr App R 314
Jurisdiction:
England and Wales
Citing:
Distinguished – Regina v Halai CACD 15-Jul-1982
The defendant went to his solicitor, who was also an agent of a building society, to raise a mortgage to purchase a house. The defendant gave false details in the form which was intended to induce the building society to make an advance. He signed . .
Cited by:
Cited – Regina v Graham, Kansal, etc CACD 25-Oct-1996
The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe.
Held: After studying the authorities at length, the court felt that the various . .
Cited – Regina v Naviede CACD 21-Mar-1997
The defendant appealed from his conviction for dishonesty. He said that he should have allowed hi to represent himself as to certain aspect of his case, but to have legal representation for others.
Held: The judge was right to reject such a . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 16 August 2022; Ref: scu.183259
