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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.
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The offence of obtaining property by deception has since been repealed and is now replaced by the offence of fraud by false representation.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.
In law, fraud is an intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law or criminal law, or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. [1]
Yet the deception offences are preserved and are the preferred charges in situations involving deceptive behaviour both because theft carries a lower minimum sentence, and as a matter of general principle, because a charge should describe what the defendant actually did in the simplest and most direct form.
Print/export Download as PDF; Printable version; In other projects Wikimedia Commons; Wikidata item; ... Obtaining property by deception; P. Pickpocketing;
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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 ...