ABSTRACT

Lawson J: ... The charge on which the appellants were convicted was as follows. The statement of the offence was attempted evasion of liability by deception, contrary to common law. The particulars of the offence were that the defendants, on 9 December 1979, by deception with intent to make permanent default on an existing liability, did attempt to induce Philip Parkinson, servant of Pizzaland Restaurants Ltd, to forgo payment of £3.65 by falsely representing that payment had been made by them to another servant of the said Pizzaland Restaurants Ltd.

From the use of the expressions ‘with intent to make permanent default’ and ‘to induce [the creditor’s agent] to forgo payment’, it is clear that the attempt charged was one to commit the offence defined by s 2(1)(b) of the 1978 Act. [Note: This case precedes the coming into force of the Criminal Attempts Act 1981 and so the attempt is charged as an offence under the common law.]