R (easyBus Ltd) v Gkouran (2013)

Edmonds Marshall McMahon was instructed by easyBus Ltd to bring a private prosecution against an employee for theft contrary to S.1 of the Theft Act 1968.

The Defendant bus driver was operating an easyBus Ltd service from Earl’s Court in London to Gatwick Airport. The Defendant accepted cash from passengers to use the service however he did not give the passengers any tickets in return, but instead pocketed the cash payments.

The Defendant completed a waybill at the completion of his shift. On that form, he stated he had not had any cash paying passengers on any of the services he had driven. Consequently, he did not account to easyBus Ltd for any of the money he had received from walk up passengers on the service.

The Defendant pleaded guilty at Westminster Magistrates’ Court. The District Judge noted that the breach of trust was the major factor that made the offending serious. Judge Lloyd fined the Defendant £300, a surcharge of £30 and £60 compensation to easyBus Ltd.