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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 elements of the actus reus are similar to the offence of obtaining property by deception: There must be a deception. This has the same meaning as for section 15 (according to section 16(3) of the Theft Act 1968). See Deception (criminal law) and Obtaining property by deception#By any deception).
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 ...
For the purposes of the deception offences, dishonesty is a separate element to be proved. The fact that a defendant knowingly deceives the owner into parting with possession of property does not, of itself, prove the dishonesty. This distinguishes between "obtaining by a dishonest deception" and "dishonestly obtains by a deception".
In Texas, where it takes 10 years of squatting to obtain property through "adverse possession," a man named Kenneth Robinson recently tried to claim a $330,000 home in the city of Flower Mound for ...
A "gain" or a "loss" is defined to consist only of a gain or a loss in money or property (including intangible property), but could be temporary or permanent. A "gain" could be construed as gaining by keeping their existing possessions, not just by obtaining new ones, and loss included losses of expected acquisitions, as well as losses of ...
Diop, who court documents say had homes in Malibu and Agoura Hills, was accused of filing claims to obtain millions from the state Controller’s Office’s unclaimed property fund, which holds ...
This section creates the offence of theft.This definition is supplemented by sections 2 to 6. The definition of theft under the Theft Act 1968 is: A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and "thief" and "steal" shall be construed accordingly.