Vincent, R v [2001] EWCA Crim 295 (16 February 2001)

Vincent, R v [2001] EWCA Crim 295 (16 February 2001)

A genuine agreement to defer payment, even if dishonestly obtained, defeats the expectation of payment on the spot under section 3(1) of the Theft Act 1978; the trial judge's direction requiring the agreement to be honestly made was a misdirection, rendering the convictions unsafe.

Citation
[2001] EWCA Crim 295
Parties
Respondent: R; Appellant: Christopher James Edward Vincent
Jurisdiction
England and Wales
Judgment Date
16 February 2001
Procedural Posture
Criminal Appeal / Court of Appeal (criminal Division) Judgment on Appeal Against Conviction
Outcome
appeal allowed; convictions quashed
Legal Topics
Making Off Without Payment, Theft Act 1978 Section 3, Dishonesty, Expectation of Payment, Misdirection
Criminal Law Making Off Without Payment Theft Act 1978 Section 3 Dishonesty Expectation of Payment Misdirection

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Parties

R

Respondent

Christopher James Edward Vincent

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal (criminal Division) Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether an agreement to defer payment, even if dishonestly obtained, defeats the expectation of payment 'on the spot' under section 3(1) of the Theft Act 1978
  2. 2 Whether the trial judge misdirected the jury by allowing consideration of the honesty of the agreement in determining expectation of payment

Ratio Decidendi

A genuine agreement to defer payment, even if dishonestly obtained, defeats the expectation of payment on the spot under section 3(1) of the Theft Act 1978; the trial judge's direction requiring the agreement to be honestly made was a misdirection, rendering the convictions unsafe.

Court Disposition

appeal allowed; convictions quashed

Orders

  • convictions quashed