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KembaraXtra-Case Law-Widdowson (1985) - Obtaining Services by Deception
Case Summary: This case concerns the charge of obtaining services by deception under the Theft Act 1978, specifically related to a hire purchase agreement.
I. Facts:
Case Summary: This case concerns the charge of obtaining services by deception under the Theft Act 1978, specifically related to a hire purchase agreement.
I. Facts:
- Defendant (D): Indicted for obtaining services by deception.
- Alleged Deception: Obtaining credit facilities to assist in car purchase.
- D's Argument: He obtained a hire purchase agreement, not credit facilities. He argued a hire purchase agreement doesn't fall within the definition of "services" in Section 1 of the Theft Act 1978.
- Does a hire purchase agreement constitute credit facilities as defined under Section 1 of the Theft Act 1978 for the purpose of "obtaining services by deception"?
- The court held that a hire purchase agreement is not equivalent to credit facilities.
- Reasoning:
- The company provides an option to purchase, not credit.
- The hirer can terminate the agreement at any time.
- Outcome: The indictment was deemed wrong.
- The court suggested (but did not definitively rule) that obtaining a hire purchase agreement does fall within the broader definition of "services" in Section 1 of the Theft Act 1978, even if it's not "credit facilities."
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