R v Kovacs

JurisdictionEngland & Wales
JudgeLORD JUSTICE LAWTON
Judgment Date21 December 1973
Judgment citation (vLex)[1973] EWCA Crim J1221-3
CourtCourt of Appeal (Criminal Division)
Docket NumberNo. 3800/C/73
Date21 December 1973

[1973] EWCA Crim J1221-3

IN THE COURT OF APPEAL

CRIMINAL DIVISION

Royal Courts of Justice

Before:-

Lord Justice Lawton

Lord Justice James

and

Mr. Justice Michael Davies

No. 3800/C/73

Regina
and
Stephanie Janika Kovacs

MR. G. RICH appeared on-behalf of the Appellant.

MR. T.H. BERRY appeared on behalf of the Crown.

LORD JUSTICE LAWTON
1

On the 20th July, 1973 at Aylesbury Crown Court, after a trial before His Honour Judge Yerney and a jury, the Appellant was convicted of a number of offences of dishonesty. She asked for five other offences to be taken into consideration. She was sentenced on the indictment to two years' imprisonment on each count, the sentences to run concurrently. She was also sentenced to twelve months' imprisonment to run concurrently with the other sentences for breach of a probation order made on the 22nd November, 1971 in respect of five offences of obtaining property by deception.

2

She applied to this Court for leave to appeal against all her convictions. This application was considered by the single Judge, who granted her leave to appeal against her convictions on Counts 12, 14 and 19, but refused leave in respect of the other convictions. She has not renewed her application to the full Court in respect of this refusal.

3

It follows that this Court has been concerned with only a small part of the whole case against the Appellant, and the appeal on that part can only have been of very limited interest to her because she must have appreciated that success in it was unlikely to reduce in any way the length of her sentence. She had clearly behaved dishonestly in respect of the conduct upon which Counts 12, 14 and 19 were based. The only question for this Court was whether the offences charged were appropriate for the conduct proved.

4

The Statement of Offence in all three counts was the same: obtaining a pecuniary advantage by deception, contrary to Section 16(1) of the Theft Act, 1968. The particulars of offence under Count 12 amounted to an allegation that she had given a worthless cheque to a taxi driver in payment of her fare. Whether conduct such as this amounted to obtaining a pecuniary advantage by deception was widely discussed before the decision of the House of Lords in Director of Public Prosecutions v. Turner (1973) 3 All England Reports 124. That case resolved such doubts as there were about committing an offence under Section 16(1) of the Theft Act, 1968 in this v/ay. When this appeal was called on counsel for the Appellant told us that he accepted that Turner made it impossible for him to argue that the Appellant had not committed the offence charged. It follows that the conviction on Count 12 must stand.

5

The convictions on Counts 14 and 19 were not covered by the decision in Turner. Save for amounts and dates the particulars of offence in Counts 14 and 19 were the same. On arraignment these counts were put to her in this form: "That on (date...

To continue reading

Request your trial
8 cases
  • R v Charles
    • United Kingdom
    • House of Lords
    • 28 July 1976
    ...issue which has to be determined on this appeal and in my opinion the answer to it is in the affirmative. It follows that I think that Reg. v. Kovacs (1974) 58 C. App. R. 4/2 was rightly decided, that the Court of Appeal came to the right conclusion in this case and that this appeal should ......
  • R v Charles
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 29 June 1976
    ...other way is canvassed in an interesting commentary to be found in the Criminal Law Review for 1974 at pages 183 et sec. on the case of R. v. Kovacs. The commentator points out, as indeed the evidence of Mr. Cersell in this case affirms, that when someone is asked to accept a cheque backed ......
  • Gdansk Regional Court v Ulatowski
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 26 October 2010
    ...of the terms upon which he was allowed to borrow by way of overdraft. In support of this submission she relied upon the cases of R v Kovacs [1974] 1WLR 370, R v Charles [1977] AC 177 and R v Bevlin (1987) 84 CAR 143 and in the light of a concession made by Mr Blake during argument to which......
  • R v Bevan
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 16 October 1986
    ...there are authorities which are only consistent with the conclusion that a bank card transaction is a borrowing by way of overdraft. In R. v. Kovacs [1974] 58 Cr.App.R. 412 the appellant had obtained first a railway ticket, and then a Pekingese dog, by the use of a cheque card when her acco......
  • Request a trial to view additional results
1 books & journal articles
  • House of Lords
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 41-1, January 1977
    • 1 January 1977
    ...the subject of his conviction hisaccountwasconsiderablyoverdrawnandthathehadnot thebank'sauthorityto doso.ltisclearfrom R. v. Kovacks (1974, 1W.L.R.370;38j.C.L.213)thatit isimmaterialthatthe person deceived isnotthe person who suffers46 the loss.Assumingdishonest deception tohavebeen establ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT