KembaraXtra-Case Law-Andrews v Hedges (1981)

KembaraXtra-Case Law-Andrews v Hedges (1981)

Case Summary:

Charge: Offence under s 2(1)(b) of the Theft Act 1978 (obtaining services by deception).
Defendant (D): Paid creditors for meat with cheques that bounced due to insufficient funds.
Allegation: This caused creditors to "wait for payment."

Key Issue:

Whether the act of paying with a cheque that later bounces constitutes inducement to "wait for payment" under s 2(1)(b) of the Theft Act 1978.

Court Holding:

No Inducement to Wait: There was no inducement where the parties had a prior trading relationship.
- Established Credit Terms: Credit terms were already agreed upon (up to three weeks).
- Ordinary Course of Dealing: Payment by cheque was a normal practice between the parties.
Limited Application of s 2(1)(b): Section 2(1)(b) only applies if the creditor is specifically induced to accept a cheque instead of cash.
s 2(3) Trigger: Only when a creditor is induced to accept a cheque in place of cash does s 2(3) legally treat the creditor as having been induced to wait for payment.

LAW