Tatton, R. v

Facts

Deborah Tatton was convicted of a single count of theft before His Honour Judge Glenn and a jury at the Crown Court sitting at Stoke-on-Trent. On 10 May 2008, at 10.45 in the morning, the appellant and her daughter each took a trolley of goods worth some £200-£300 to the checkout of an Asda store in Stoke-on-Trent. The cashier scanned only a small number of items from each trolley, so that most of the goods were not paid for: the appellant paid £19.48 by card and her daughter £20.58. Both women were arrested in the car park while loading the car, as was the cashier. The daughter and the cashier admitted planning the scheme in advance and pleaded guilty to theft in the magistrates' court; the appellant pleaded not guilty and elected trial by jury. The prosecution case was that she was party to the agreement between her daughter and the cashier; her case, supported by her own evidence, was that she believed she had paid for the goods and knew nothing of any scam. Having told the jury in evidence that her financial situation was healthy, she was then questioned by the judge about the contents of her legal aid application form. She appealed against conviction by leave of David Clarke J.