Generally speaking, the term "fraud" is used to refer to a variety of activities that are intended to deceive an individual into parting with their property or offering a service. These behaviours are typically focused with the actions or words of the defendant. The word is utilised not only by members of the general public, but also by lawyers, police police officers, and other individuals who are involved in the administration of criminal justice (including, of course, the Serious Fraud Office). Oddly, however, until very recently, English law did not include any offences that were specifically branded as "fraud." However, there was a common law offence that had been in place for a long time that was known as "conspiracy to defraud." In cases when the term "fraud" was used to characterise a criminal conduct, the actual offence that was committed was typically either stealing or one of numerous other offences that entailed deception. Obtaining property by deception and obtaining services through deception were two of the offences that were committed.
The Theft Act of 1978, section 3, establishes this offence: "A person who, knowing that payment on the spot for any goods supplied or services done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount shall be guilty of an offence." This offence is a violation of the law.
By the end of this lecture you will know:
understand some of the difficulties surrounding the old law of deception and the need for the reforms to the law implemented by the Fraud Act 2006;
explain and apply the main offences under the Fraud Act, together with the offence of making off without payment; understand and discuss the overlaps between theft, fraud offences and making off without payment;
select the most appropriate charge for various problem scenarios.
Actus Reus
R v King [1979] Crim LR (122)
Smith v Land and House Property Corp (1884) 28 Ch D 7
R v Silverman (1988) 86 Cr App R 213
Mens Rea
R v Ghosh [1982] 2 All ER 689
Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67
Section 5 of the Fraud Act.
R v McDavitt [1981] Crim LR 843
Mens Rea
Troughton v Metropolitan Police [1987] Crim LR 138
R v Allen [1985] AC 1029
Generally speaking, the term "fraud" is used to refer to a variety of activities that are intended to deceive an individual into parting with their property or offering a service. These behaviours are typically focused with the actions or words of the defendant. The word is utilised not only by members of the general public, but also by lawyers, police police officers, and other individuals who are involved in the administration of criminal justice (including, of course, the Serious Fraud Office). Oddly, however, until very recently, English law did not include any offences that were specifically branded as "fraud." However, there was a common law offence that had been in place for a long time that was known as "conspiracy to defraud." In cases when the term "fraud" was used to characterise a criminal conduct, the actual offence that was committed was typically either stealing or one of numerous other offences that entailed deception. Obtaining property by deception and obtaining services through deception were two of the offences that were committed.
The Theft Act of 1978, section 3, establishes this offence: "A person who, knowing that payment on the spot for any goods supplied or services done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount shall be guilty of an offence." This offence is a violation of the law.
By the end of this lecture you will know:
understand some of the difficulties surrounding the old law of deception and the need for the reforms to the law implemented by the Fraud Act 2006;
explain and apply the main offences under the Fraud Act, together with the offence of making off without payment; understand and discuss the overlaps between theft, fraud offences and making off without payment;
select the most appropriate charge for various problem scenarios.
Actus Reus
R v King [1979] Crim LR (122)
Smith v Land and House Property Corp (1884) 28 Ch D 7
R v Silverman (1988) 86 Cr App R 213
Mens Rea
R v Ghosh [1982] 2 All ER 689
Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67
Section 5 of the Fraud Act.
R v McDavitt [1981] Crim LR 843
Mens Rea
Troughton v Metropolitan Police [1987] Crim LR 138
R v Allen [1985] AC 1029
