There is a clear distinction between the appropriation which is an element of theft, and the obtaining in an offence of deception. In this case the defendant had over-billed for worked, and was accused of theft in respect of the presentation of the cheques given in payment of his bills. The case of Preddy did not apply. Appropriation is the assumption of the rights of an owner, and in respect of a cheque, this happened upon presentation. This differed from obtaining by deception where new choses had been obtained in circumstances where the deception was not clear.
Citations:
Times 25-Oct-2000
Statutes:
Jurisdiction:
England and Wales
Crime
Updated: 11 May 2022; Ref: scu.85614