This chapter examines the offence of fraud. It is a statutory offence that can be committed in one of three ways: by making a false representation; by failing to disclose information; and by abuse of position. Each has a different actus reus and mens rea, but for the most part liability turns on whether D was dishonest. The chapter also considers the related offences of obtaining services dishonestly, possession of articles for fraud, and making or supplying articles for use in frauds.
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15. Fraud
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12. The transfer of title by a non-owner
This chapter considers the various circumstances in which a buyer may become the owner of the goods, notwithstanding that the seller is neither the owner of them, nor sold them with the owner’s consent. In the chapter, disputes concern not the seller but the owner of the goods and the buyer. The chapter presents a case that provides an example of the sort of problems which can arise in such disputes. A common theme in these types of cases is dishonesty, whereby the court will have to decide which of two innocent parties should suffer due to the dishonesty of another. This can arise in many different situations, such as where an innocent buyer buys goods from a seller who turns out to have stolen them or where a person obtains goods on hire purchase and dishonestly sells them before they have been paid for.
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Ivey v Genting Casinos [2017] UKSC 67, Supreme Court
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ivey v Genting Casinos [2017] UKSC 67, Supreme Court. The document also included supporting commentary from author Jonathan Herring.
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21. Making off without payment
David Ormerod and Karl Laird
This chapter considers the offence of making off without payment. Under s 3 of the Theft Act 1978, a person is guilty of an offence if he dishonestly makes off without making payment as required or expected and with the intent of avoiding payment of the amount due. The offence aims to deal in a simple and straightforward way with a person who having consumed a meal in a restaurant, filled the tank of a car with petrol or reached their destination in a taxi, leaves without paying. Although factually simple, difficulties arise in prosecuting such cases as theft. The chapter covers various elements including goods supplied or service done, unenforceable debts and dishonesty.
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14. Deceit
This chapter discusses the tort of deceit. The common-law rules concerning liability for dishonesty were synthesised to create the tort of deceit at the end of the eighteenth century in Pasley v. Freeman, and the tort takes its modern form from the decision of the House of Lords in Derry v. Peek in 1889. Most of the cases concern non-physical damage, that is to say, financial or pure economic loss, although the tort can also extend to cover personal injuries and damage to property. The requirements of liability are as follows: the defendant must make a false statement of existing fact with knowledge of its falsity and with the intention that the claimant should act on it, with the result (4) that the claimant acts on it to his detriment.
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11. Theft
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the crime of theft. There are five elements in theft: appropriation; property; belonging to another; dishonesty; and intention permanently to deprive. The first three listed are the actus reus elements and the last two are the mens rea. The offence is under s 1 Theft Act 1968, but ss 2–6 give (some) guidance on each of the elements.
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12. Theft
This chapter examines the law governing theft. It considers the extent to which the criminal law of theft conflicts with civil law concepts of property; whether it is possible to steal property that belongs to oneself; the types of property that may be stolen; and the extent to which it is possible to provide a definition of ‘dishonesty’. The test for dishonesty has been fundamentally altered by the Supreme Court and the Court of Appeal, developments which are analysed in this chapter.
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11. Fraud
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the offence of fraud under the Fraud Act 2006. There are three ways in which fraud may be committed. Section 2 of the Fraud Act 2006 provides for fraud by false representation; s.3 provides for fraud by failing to disclose information; and s.4 provides for fraud by abuse of a position of financial trust. Dishonesty is common to all three of these ways of committing fraud. The defendant must intend, by making the representation, to make a gain for himself or another, or to cause loss to another, or to expose another to a risk of loss.
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21. Making off without payment
This chapter considers the offences under the Fraud Act 2006 and the important body of case law that now exists interpreting the 2006 Act. It discusses the common elements of the offence of fraud; namely, dishonesty (including the impact of Ivey and Barton and Booth), with intent to gain or cause loss or to expose to a risk of loss, and remoteness of intention. The fraud offences are each examined in turn: fraud by false representation, fraud by failing to disclose information, fraud by abuse of position, possession of articles for fraud, and making or supplying articles for use in frauds. The chapter provides extensive discussion of the desirability of having a general fraud offence and examines the difficulties encountered in relying so much upon the concept of dishonesty.
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22. Fraud
This chapter considers the offences under the Fraud Act 2006 and the important body of case law that now exists interpreting the 2006 Act. It discusses the common elements of the offence of fraud; namely, dishonesty (including the impact of Ivey and Barton and Booth), with intent to gain or cause loss or to expose to a risk of loss, and remoteness of intention. The fraud offences are each examined in turn: fraud by false representation, fraud by failing to disclose information, fraud by abuse of position, possession of articles for fraud, and making or supplying articles for use in frauds. The chapter provides extensive discussion of the desirability of having a general fraud offence and examines the difficulties encountered in relying so much upon the concept of dishonesty.
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6. Property Offences
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary and advice on study skills. This chapter presents sample exam questions on theft, fraud, and other property offences such as robbery and burglary, along with suggested answers. The law of property is vast, and contained in a number of different pieces of legislation. As this chapter explains, the Fraud Act 2006 was designed to replace many of the discrepancies and inconsistencies in the diverse provisions of the Theft Acts of 1968 and 1978. It pays to be methodical in approaching property problems. Dishonesty is an important concept throughout the property offences. The recent decision in Ivey v Genting Casinos, which has an important effect on the definition of dishonesty in criminal law, is dealt with in detail in this chapter.
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9. Fraud
This chapter begins with a discussion of the law on fraud, covering fraud by false representation; fraud by failing to disclose information; fraud by abuse of position; fraud and possession offences; obtaining services dishonestly; conspiracy to defraud; and making off without payment. The offence of fraud can be committed where the defendant dishonestly makes a false representation intending to make a gain for themselves or a loss to another. The defendant is only guilty if they know that the statement is, or might be, untrue or misleading. Fraud is also committed where the defendant dishonestly fails to disclose information which they are under a duty to disclose, intending to make a gain for themselves or cause a loss to another. A third way of committing fraud is where the defendant misuses a position of trust in a dishonest way to make a gain or cause a loss. The second part of the chapter focuses on the theory of fraud, covering the extent and nature of fraud, and the Fraud Act 2006.
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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’.
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18. Theft
In English law, offences related to dishonesty are governed by the Theft Acts 1968 and 1978, the Theft (Amendment) Act 1996, and the Fraud Act 2006. These Acts are not a restatement of the common law and its numerous statutory additions, but they do provide a code of the most important offences of dishonest dealing with the protection of property (with the notable exception of forgery and conspiracy to defraud). This chapter deals with the offence of theft. It offers a detailed review of the concept of dishonesty in the light of the redefinition of that concept by the Supreme Court in Ivey v Genting Casinos and its acceptance by the Court of Appeal in Barton and Booth.
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18. Theft
David Ormerod and Karl Laird
In English law, offences related to dishonesty are governed by the Theft Acts 1968 and 1978, the Theft (Amendment) Act 1996 and the Fraud Act 2006. These Acts are not a restatement of the common law and its numerous statutory additions but they do provide a code of the most important offences of dishonest dealing with the protection of property (with the notable exception of forgery and conspiracy to defraud). This chapter deals with the offence of theft. It offers a detailed review of the concept of dishonesty in the light of the redefinition of that concept by the Supreme Court in Ivey v Genting Casinos and its acceptance in Barton.
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22. The Fraud Act 2006
David Ormerod and Karl Laird
This chapter considers the offences under the Fraud Act 2006 and the important body of case law that now exists interpreting the 2006 Act. It discusses the common elements of the offence of fraud; namely, dishonesty (including the impact of Ivey), with intent to gain or cause loss or to expose to a risk of loss, and remoteness of intention. The fraud offences are each examined in turn: fraud by false representation, fraud by failing to disclose information, fraud by abuse of position, possession of articles for fraud and making or supplying articles for use in frauds. The chapter provides extensive discussion of the desirability of having a general fraud offence and examines the difficulties encountered in relying so much upon the concept of dishonesty.
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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’.
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3. Mens rea
David Ormerod and John Child
This chapter provides an overview of mens rea, loosely translated as ‘guilty mind’. Whereas the concept of actus reus focuses on the external elements of an offence, mens rea focuses on state of mind or fault. The mens rea of the offence describes the fault element with which D acted: D intended, believed, foresaw as a risk the proscribed element(s), and so on. The chapter first considers how offences differ in the role mens rea plays. For some offences, a mens rea element may be required in relation to each actus reus element; for other offences there are actus reus elements that do not have a corresponding mens rea and vice versa. The chapter moves on to discuss the legal meaning of central mens rea terms such as ‘intention’, ‘negligence’, ‘dishonesty’, and ‘recklessness’. Finally, it outlines reform debates, and a structure for analysing the mens rea of an offence when applying the law in a problem-type question. Relevant cases are highlighted throughout the chapter.
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Royal Brunei Airlines Sdn Bhd v Tan [1995] 2 AC 378, Privy Council
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Royal Brunei Airlines Sdn Bhd v Tan [1995] 2 AC 378, Privy Council. The document also includes supporting commentary from author Derek Whayman.
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10. Property offences 1: theft, robbery, burglary, and handling
This chapter examines property offences in England and Wales, focusing on theft, burglary, robbery, and handling. The chapter outlines the general principles of these offences and discusses their actus reus and mens rea elements. It looks at the key provisions of the Theft Act 1968 including the s1 definition of theft in the Act and analyses the bases of court decisions in several examples of relevant cases. It discusses property and appropriation. It also discusses recent changes to the definition of dishonesty and how juries are now asked to assess dishonesty after the civil case of Ivey v Genting Casinos (UK) Ltd (Crockfords).
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