Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter examines the offence of fraud, covering offences under the Theft Acts and offences under the Fraud Act (FA) 2006. The FA 2006 repealed various sections of the TA 1968 and TA 1978, replacing a number of individual offences based on deception with the offence of fraud which may be committed in three ways: fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. It also creates the offence of dishonestly obtaining services to replace the offence of obtaining services by deception under s. 1 of the TA 1978. A Law in Context feature examines the difficulties in prosecuting cases of complex fraud and proposals to do away with juries in such cases.
Chapter
13. Fraud
Michael J. Allen and Ian Edwards
Chapter
14. Further offences under the Theft Acts
Michael J. Allen and Ian Edwards
Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the following offences in the Theft Acts 1968 and 1978: making off without payment; burglary (including discussion of the key terms ‘entry as a trespasser’, ‘building’, and the ulterior offences); aggravated burglary; blackmail; handling stolen goods; and dishonestly retaining a wrongful credit. The Law in Context feature examines how burglars are sentenced, including the changing approach of the Court of Appeal, the ‘three strikes and you’re out’ mandatory sentence, and the publication of guidelines by the Sentencing Council.
Chapter
13. Fraud
Michael J. Allen and Ian Edwards
Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter examines the offence of fraud, covering offences under the Theft Acts and offences under the Fraud Act (FA) 2006. The FA 2006 repealed various sections of the TA 1968 and TA 1978, replacing a number of individual offences based on deception with the offence of fraud, which may be committed in three ways: fraud by false representation; fraud by failing to disclose information; and fraud by abuse of position. It also creates the offence of dishonestly obtaining services to replace the offence of obtaining services by deception under s. 1 of the TA 1978. These offences are designed to overcome problems in the old law and to simplify the law.
Chapter
14. Further offences under the Theft Acts
Michael J. Allen and Ian Edwards
Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses the several offences in the Theft Acts 1968 and 1978, including: making off without payment; burglary (including discussion of the key terms ‘entry as a trespasser’, ‘building’, and the ulterior offences); aggravated burglary (burglary committed when the person has with them a firearm or imitation firearm, or offensive weapon); blackmail; handling stolen goods; and dishonestly retaining a wrongful credit. The feature ‘The law in context’ feature examines how burglars are sentenced, including the applicable sentencing guidelines, the evolution of relevant case law, and the ‘three strikes and you’re out’ mandatory sentence.
Chapter
12. Offences under the Theft Acts 1968 and 1978: Theft and related offences
Michael J. Allen and Ian Edwards
Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses offences under the Theft Acts of 1968 and 1978. It covers each element of the offence of theft (dishonest appropriation of property belonging to another with the intention permanently to deprive), abstracting electricity, robbery, and offences involving temporary deprivation. It discusses the meaning of ‘dishonesty’, including the Supreme Court’s decision in Ivey v Genting Casinos UK Ltd (2018), which held that the two-part Ghosh test for dishonesty no longer applies. The Law in Context feature analyses critically the criminalisation of ‘freeganism’.
Chapter
12. Offences under the Theft Acts 1968 and 1978: Theft and related offences
Michael J. Allen and Ian Edwards
Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses offences under the Theft Acts of 1968 and 1978. Theft and related offences are concerned with interferences with the rights and interests others have in property. The chapter covers each element of the offence of theft, robbery, and offences involving temporary deprivation. It discusses the meaning of ‘dishonesty’, including the Supreme Court’s decision in Ivey v Genting Casinos UK Ltd (2018), which held that the two-part Ghosh test for dishonesty no longer applies. The feature on ‘The law in context’ analyses critically the criminalisation of ‘freeganism’.
