Criminal -> Deception

The offence of obtaining property by deception is created by s.15(1) of the Theft Act 1968:

“A person who by any deception dishonestly obtains property belonging to another, with the intention of permanently depriving the other of it, shall on conviction on indictment be liable to imprisonment for a term not exceeding 10 years.”

Actus reus: Deception Obtains Property Belonging to another

Mens rea: Dishonestly Intent of permanently depriving Deliberate or recklessly making the deception

Actus Reus:

Deception is defined in s.15(4), where it may take the form of words or conduct. S.15(4) requires the deception to be deliberate or reckless:

• Deliberate where he knows his representations are untrue.
• Reckless where he knows his representations may or may not be true.

DPP v Ray - Restaurant customer left without paying. ‘Implied representation’ he would pay. An omission can amount to a deception.

R v Laverty - The deception must cause the obtaining of property.

R v Collis-Smith - The deception must precede the obtaining of property.

Barnard – Deception by conduct; Oxford students charge to college was in gown but want actually a student.

MPC v Charles - Overdrawn cheque @ Casino: if the victim says he did not care, therefore not deception a victim would have done it anyway.

R v Lambie – Woman on a shopping spree using a maxed out card.

R v Goodwin – Getting freebies from a vending machine he cannot therefore be charged under s15 as the deception must operate on a human mind, but can be charged with theft.

S.15(2) define Obtains as when the D obtains ownership, possession and control of the property either for himself or another.

S.34(1) defines Property. “Money and all property, real or personal, including things in action and other intangible property” may be obtained by deception.

‘Belonging to another’ is defined under s.5(1).

The property that belongs to the V transfers physically to another person.

Preddy – transferring money from 1 account to another there’s no physical transfer of anything. Therefore not deception… possibly theft tho.

Mens Rea:

Dishonesty: There’s no set definition of dishonesty. The common law test defined under s2:

a) Belief in legal right to deprive

b) Belief in owner's consent (Re Holden)

c) Belief that owner cannot be traced.

Or s.2 (2) can be dishonest even if willing to pay i.e. buying something that’s not for sale.

If D does not fall into one of the above then apply the Ghosh test:

In R v Ghosh, a person is dishonest if either:

1. Was the D behaviour dishonest according to standards for reasonable person? (Objective test... what is the standard? Too uncertain)
2. Did the D realise he was falling below the standard?

No need to put the second part of the test unless D suggests he was being honest.

Intention to Permanently Deprive: defined under s.6 where it’s given the common sense meaning.

Deliberate or recklessly; the deception must be deliberate or Cunningham Reckless; in other words the D must know that the statement is false or know that it may be false.

Obtaining money transfer by deception: s.15A created by the Theft (Amendment) Act 1996 as a result from Preddy.

Obtaining a pecuniary advantage by deception: s.16 refers to obtaining a financial advantage.Money is NOT a pecuniary advantage… its property.

Watkins – told lies to get an over draft.

Charles – Dodgy cheques @ casino.

Clarke – D lied to get a job said “im not dishonest as I knew I could do the job” even if I lacked the qualifications.

DPP V Turner – D wrote a cheque which bounced & he knew it would. Acquitted as he did not intend to permanently deprive.

Obtaining services by deception: defined in s.1 TA 1978. if you deceive a person to performing some service for FREE you can not be charged with this section.

Evasion of liability by deception: defined under s.2 TA 1978. An existing liability to make a payment & you get out by some sort of deception. Or wriggling out of a future liability. However the V must be aware there is a liability to remit.

Silbartie – train passenger flashed an invalid ticket at conductor.

Making off without payment as defined in s.3 TA 1978

Brookes v Brookes – making off doesn’t have to be deceptive.

Troughton v Metropolitan Police - taxi driver drove passenger to wrong place customer didn’t want to pay.