R v Dadson
| Jurisdiction | England & Wales |
| Judge | MRS. JUSTICE HEILBRON |
| Judgment Date | 10 March 1983 |
| Judgment citation (vLex) | [1983] EWCA Crim J0310-4 |
| Court | Court of Appeal (Criminal Division) |
| Docket Number | No. 2249/B/82 |
| Date | 10 March 1983 |
[1983] EWCA Crim J0310-4
Lord Justice Watkins
Mrs. Justice Heilbron
and
Sir John Thompson
No. 2249/B/82
IN THE COURT OF APPEAL
CRIMINAL DIVISION
Royal Courts of Justice
MR. C. NEWTON appeared on behalf of the Appellant.
MR. J. WIGODER appeared on behalf of the Crown.
Peter Ernest Dadson was convicted on April 20th 1982 before Miss Recorder Pearlman and a jury, at the Crown Court, Newington Causeway, on three counts of obtaining money by deception and four of obtaining a pecuniary advantage by deception, contrary to sections 15 (1) and 16 (1) of the Theft Act 1968, respectively.
As to the first three counts, the particulars of deception alleged that the appellant falsely represented that the cheque which he issued was a good and valid order for the sum in question, and that he was entitled and authorised to use a cheque card when issuing the said cheque.
The particulars of the deceptions in the remaining four counts were that he dishonestly obtained increased borrowing by way of overdraft, by deliberately or recklessly representing that he was entitled and authorised to use a cheque card when issuing the cheque in question.
Dadson appeals against conviction with leave of the single judge.
The facts briefly are that at all material times the appellant had three accounts at the Mount Pleasant branch of the Midland Bank, Tunbridge Wells. On June 30th 1977, he was issued with a cheque card. Between March and September 1978 he used that cheque card and a number of cheques to obtain various sums of cash. He issued one cheque for £26 and two each of £50 on April 18th, May 31st and June 20th, at other branches of the bank, and one for £50 at Barclays Bank.
From his quarterly bank statements, some produced on his behalf and some by the prosecution, it can be seen that his two accounts (the third was virtually dormant) became increasingly in debit from early 1978, until finally, by September, he owed the bank some £1400.
Mr. Wilmshurst, the assistant manager of the Mount Pleasant branch, was called on behalf of the prosecution, but he had no personal knowledge of the appellant's accounts. He gave evidence that it was the bank's practice to obtain the customer's signature to an agreement before issuing a cheque card, and he produced a printed pro forma of that agreement, which contained, inter alia, a condition stating, "I shall not create any indebtedness to the bank by use of the card unless that indebtedness has previously been agreed with the bank". The witness, however, was not able to produce any agreement signed by the appellant - he thought it might...
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