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(1) A person who by any deception dishonestly obtains for himself or another any
pecuniary advantage shall on conviction on indictment be liable to imprisonment for a
term not exceeding five years.
(2) All cases in which a pecuniary advantage within the meaning of this section is to
be regarded as obtained for a person are cases where(a) [repealed];
(b) he is allowed to borrow by way of overdraft, or to take out any policy of insurance
or annuity contract, or obtains an improvement of the terms on which he is allowed to
do so; or
(c) he is given the opportunity to earn remuneration or greater remuneration in an
office or employment, or to win money by betting.
(3) For purposes of this section 'deception' has the same meaning as in section 15 of
this Act.
(2) For purpose of this section "liability" means legally enforceable liability; and
subsection (1) shall not apply in relation to a liability that has not been accepted or
established to pay compensation for a wrongful act of admission.
(3) For purposes of subsection (1)(b) a person induced to take in payment a cheque
or other security for money by way of conditional satisfaction of a pre-existing liability
is to be treated not as being paid but as being induced to wait for payment.
(4) For purposes of subsection (1)(c) "obtains" includes obtaining for another or
enabling another to obtain.
Sentence: Max. 5 years.
Criminal Supervision 7
1. The elements of the Offences as they are identified in the Statutes.
The elements of the Theft Act 1968 include: obtaining property through
dishonesty/perception. Obtaining a money transfer by dishonesty, obtaining
pecuniary advantage by deception.
The elements of the Theft Act 1978 include: obtaining services by deception,
evasion of liability by deception, to make permanent default on any existing
liability to make a payment.
The elements of the Fraud Act 2006 include: fraud by false representation
dishonestly intending to gain from the fraud and cause loss of another, fraud
by failing to disclose information- dishonestly intending to gain from the fraud
and cause loss of another, Fraud by abuse of position - dishonestly intending
to gain from the fraud and cause loss of another.
2. The similarities and differences between the analogous offences in
the Theft Acts and the Fraud Act.
Similarities include that both acts require dishonesty as an element in the
crime.
Differences include that the Fraud Act requires the intention to gain for oneself
and cause a loss of another. Also the first acts headings are very narrow; not
all crimes would fit somewhere under those headings. Moreover, the
sentences are not standard in the first act as some crimes penalties are 10
years and some are, the reason to this is not apparent. These sentences are
standardised in the Fraud Act. Moreover, the first act requires deceiving a
physical person therefore lacks the capacity to deal with internet usage, ATM
machines. This is rectified in the Fraud Act by Section 2, Subsection 5.
3. Whether the Fraud Act Offences can be considered to be better
defined and more consistent with principle.
Yes, as it standardises sentences, is a lot broader therefore includes a variety
of crimes that can be dealt with under this Act. Also deals with electronic
systems, such as phones, credit cards, internet usage, white collar crimes and
ATM machines.