Director of Public Prosecutions v Patterson

Queen's Bench Division (Administrative Court), [2017] EWHC 2820 (Admin), Sir Brian Leveson (President of the Queen's Bench Division) and Mrs Justice McGowan, 2 November 2017

Ivey - Dishonesty - Ghosh - Precedent.

The respondent, VP, worked for a holiday company as a cleaner. The company owned property, including two caravans, in Suffolk. Within the first couple of weeks of her employment, the respondent was handed £500 in cash for rent of the caravans. The respondent contacted her employer to tell him that she had taken her children to a local park and that the money had been lost or stolen. She continued working for the company, but made clear that she did not want the responsibility of handling money. It was then agreed that she would not in future receive cash payments from tenants. In March 2016, payment of £280 was to have been made for the occupation of a caravan. No payment was ever received by the company, however. The manager of the holiday company asked the respondent if she had received the payment, but he received no response. A while later, the respondent contacted the manager and in an incoherent message told him that she would "pay weekly". The manager took this as an admission that the respondent had received the money. In his evidence, the manager did accept that the respondent did not categorically confirm that she had taken the money, but rather avoided the question. The manager continued to employ the respondent. The owner of the caravan continued to enquire about payment for the holiday letting and told him to involve the police if the money was not recovered. The respondent was charged with theft of the money, but the magistrates found that there was no case for her to answer on the basis that the prosecution had failed to prove that she had been dishonest. The prosecution appealed by way of case stated.