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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 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 ...
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 ...
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). There must be causation, as to which, see Deception (criminal law) and Obtaining property by deception#By any deception.
obtaining property by deception, contrary to section 15 of the Theft Act 1968 [1] obtaining a money transfer by deception, contrary to section 15A of the Theft Act 1968 [2] obtaining pecuniary advantage by deception, contrary to section 16 of the Theft Act 1968 [3]
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]
The offence of obtaining property by deception has since been repealed and is now replaced by the offence of fraud by false representation.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.