CRIMINAL LAW - OFFENCES AGAINST PROPERTY - FRAUD (1)

• NCJ Number: 53344
• Journal: Police Review Volume: 87 Dated: (NOVEMBER 1978) Pages: 1742-1746
• Author(s): D PICKOVER; A GREAVES
• Date Published: 1978
• Length: 5 pages
• Corporate Author: Police Review Publishing Co
• Publication Format: Article
• Language: English
• Country: United Kingdom

Annotation

THE MAIN STATUTORY OFFENSES OF FRAUD CREATED BY THE ENGLISH THEFT ACT, 1968, AND THEFT ACT, 1978, ARE EXPLAINED.

Abstract

IN THE THEFT ACT, 1968, SECTION 15 INDICATES THAT A PERSON WHO BY ANY DECEPTION DISHONESTLY OBTAINS PROPERTY BELONGING TO ANOTHER WITH THE INTENTION OF PERMANENTLY DEPRIVING THE OTHER OF IT COMMITS AN OFFENSE. SECTION 15 (4) OF THE ACT PROVIDES THAT THE WORD 'DECEPTION' MEANS ANY DECEPTION (WHETHER DELIBERATE OR RECKLESS) BY WORDS OR CONDUCT AS TO FACT OR AS TO LAW, INCLUDING A DECEPTION AS TO THE PRESENT INTENTIONS OF THE PERSON USING THE DECEPTION, OR ANY OTHER PERSON. ESSENTIAL ELEMENTS OF THE OFFENSE ARE SUMMARIZED AS FOLLOWS: THE PRACTICING OF A DECEPTION WITHIN THE MEANING OF SECTION 15 (4); THE OFFENDER'S DISHONESTY; THAT PROPERTY BELONGING TO ANOTHER WAS OBTAINED; THAT THE DECEPTION WAS THE CAUSE OF THE OBTAINING, IN THAT IT ACTED ON THE MIND OF THE VICTIM AND INDUCED HIM TO PART WITH EITHER OWNERSHIP, POSSESSION, OR CONTROL OF HIS PROPERTY; AND THE INTENTION OF THE PERPETRATOR OF THE FRAUD WAS TO PERMANENTLY DEPRIVE THE VICTIM OF THE PROPERTY. SECTION 16(1) OF THE THEFT ACT, 1968, IS DISCUSSED AS TO MEANING, PENALTY, AND MODE OF TRIAL. IT PROVIDES THAT A PERSON WHO BY ANY DECEPTION DISHONESTLY OBTAINS FOR HIMSELF OR ANOTHER ANY PECUNIARY ADVANTAGE SHALL ON CONVICTION BE LIABLE TO IMPRISONMENT FOR A TERM NOT EXCEEDING 5 YEARS. SECTIONS 1, 2, AND 3 OF THE THEFT ACT, 1978, ARE DISCUSSED. THIS ACT REPLACES THE PROVISIONS OF SECTION 16(2)(A) OF THE THEFT ACT, 1968. SECTION 1(1) PROVIDES THAT A PERSON WHO BY ANY DECEPTION DISHONESTLY OBTAINS SERVICES FROM ANOTHER SHALL BE GUILTY OF AN OFFENSE, WHILE SECTION 2 DEALS WITH EVASION OF LIABILITY BY DECEPTION. IT CREATES THREE SEPARATE OFFENSES, TWO OF WHICH INVOLVES THE PRACTICING OF A DECEPTION AFTER THE TRANSACTION HAS BEEN ENTERED. SECTION 3 PROVIDES THAT A PERSON WHO KNOWING THAT PAYMENT ON THE SPOT FOR ANY GOODS SUPPLIED OR SERVICE DONE IS REQUIRED OR EXPECTED FROM HIM, DISHONESTLY DEPARTS WITHOUT HAVING PAID AS REQUIRED OR EXPECTED WITH INTENT TO AVOID PAYMENT OF THE AMOUNT DUE IS GUILTY OF AN OFFENSE. (RCB)