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The deception must precede the obtaining of property. In Director of Public Prosecutions v Ray , [ 5 ] the defendant had already obtained the meal before he made the representation. This is an issue of causation so that it can be shown that the deception operated on the mind of the person alleged to be deceived.
The offence of obtaining property by deception has since been repealed and is now replaced by the offence of fraud by false representation. [ 6 ] The employee is a constructive trustee of the profit for the employer and the employer has proprietary interest in the profit.
False pretenses is a statutory offense in most jurisdictions; subject matter covered by statute varies accordingly, and is not necessarily limited to tangible personal property - some statutes include intangible personal property and services. For example, the North Carolina false pretense statute applies to obtaining "any money, goods ...
The requisite elements of perhaps the most general form of criminal fraud, theft by false pretense, are the intentional deception of a victim by false representation or pretense with the intent of persuading the victim to part with property and with the victim parting with property in reliance on the representation or pretense and with the ...
This deception must be the cause of the obtaining (see the discussion on causation in Deception (criminal law) and Obtaining property by deception#By any deception). The defendant must obtain a service as defined in section 1(2), i.e. the victim must confer a benefit on the defendant (or another). The 'services' must be non-gratuitous, i.e. the ...
The woman who obtained the deed to a multi-million dollar home in Raleigh is now in custody and criminally charged.. Dawn Mangum is accused of obtaining property by false pretense. She was the ...
Section 15(4) of the Theft Act 1968 read: . For the purposes of this section "deception" means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or any other person.
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