KembaraXtra-Case Law-Waites (1982) - Obtaining a Pecuniary Advantage by Deception

I. Facts

Defendant (D): Opened a bank account, received cheque book and banker's card (guaranteeing cheques up to £50).
Overdraft: D made no overdraft arrangements.
Action: D used cheques and card, becoming £850 overdrawn.
Charge: Obtaining a pecuniary advantage by deception.
Defense: D argued being "allowed to borrow by way of overdraft" as defined by s 16(2)(b) wasn't met because the bank eventually stopped her.

II. Issue

Whether D had been "allowed" to borrow by way of overdraft as contemplated by the relevant statute (Section 16(2)(b)).
Important considerations: Did the bank's permission extend beyond the initial credit limit?

III. Holding

Definitions in s 16(2) are EXCLUSIVE: If the actions don't fit the definitions, no offense is committed.
Meaning of "Allow": "Allow" includes permission to use the card.
Cardholder's Power: The card gave D the power to use it beyond the imposed limits, even if it breached her contract with the bank.
Bank's Obligation: D knew the bank would be obligated to cover the debt with the shopkeeper.
Conclusion: D was "allowed" to borrow by way of overdraft.

IV. Outcome

LAW