R v Hazelton

Facts

Hazelton obtained goods by giving cheques, one for £5 and one for £8. The cheques were dishonoured. He knew that his account was virtually closed, so that he had no authority to draw.

Issue

What does the giving of a cheque represent?

Held

The conviction was affirmed. Giving a cheque represents that the drawer has an account at that bank, that he has authority to draw for that sum, and that the cheque is a valid order for payment. It does not represent that the account holds that exact amount of money.

Principle

A false pretence may be implied by conduct. A cheque is a representation of authority to draw, not of a particular credit balance.

Why it matters

Bernard, the man in the undergraduate gown, is the other case of a pretence by conduct.

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