Cheating (law)
Encyclopedia
At law
, cheating is a specific criminal offence relating to property
.
Historically, to cheat was to commit a misdemeanour at common law
. However, in most jurisdiction
s, the offence has now been codified into statute.
In most cases the codified statutory form of cheating and the original common law offence are very similar, however there can be differences. For example, under English law
it was held in R. v. Sinclair [1968] 3 All 241 at 246 that "[t]o cheat and defraud is to act with deliberate dishonesty to the prejudice of another person's proprietary right." However at common law a great deal of authority suggested that there had to be contrivance, such that the public were likely to be deceived and that "common prudence and caution are not sufficient security against a person being defrauded thereby".
Examples of cheating upheld by the courts have included fraudulently pretending to have power to discharge a soldier, using false weights or measures, and playing with false dice.
.
. See for example section 42(3) of the Gambling Act 2005
.
.
The following cases are also relevant:
Sentence
See R v Regan, 11 Cr App R (S) 15, CA
, the word "cheat" meant an offence under section 15 of that Act. The said section 15 created the offence of obtaining property by deception
.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, cheating is a specific criminal offence relating to property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
.
Historically, to cheat was to commit a misdemeanour at common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. However, in most jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
s, the offence has now been codified into statute.
In most cases the codified statutory form of cheating and the original common law offence are very similar, however there can be differences. For example, under English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
it was held in R. v. Sinclair [1968] 3 All 241 at 246 that "[t]o cheat and defraud is to act with deliberate dishonesty to the prejudice of another person's proprietary right." However at common law a great deal of authority suggested that there had to be contrivance, such that the public were likely to be deceived and that "common prudence and caution are not sufficient security against a person being defrauded thereby".
Examples of cheating upheld by the courts have included fraudulently pretending to have power to discharge a soldier, using false weights or measures, and playing with false dice.
Definition
In relation to the common law offence, no judicial definition of the offence was ever laid down, but the description of the offence set down in Stephen's Criminal Digest is regarded as fairly comprehensive, and is cited as an authoritative definition by Stroud's Judicial DictionaryStroud's Judicial Dictionary
Stroud's Judicial Dictionary is a law dictionary. The original author was Frederick Stroud.Glanville Williams called it an "excellent work".Katherine Topulos said that the seventh edition is one of "the leading modern English legal dictionaries"....
.
Other statutory uses
A number of jurisdictions also have statutory offences relating to cheating in gamblingGambling
Gambling is the wagering of money or something of material value on an event with an uncertain outcome with the primary intent of winning additional money and/or material goods...
. See for example section 42(3) of the Gambling Act 2005
Gambling Act 2005
The Gambling Act 2005 is an Act of the Parliament of the United Kingdom. It mainly applies to England and Wales, and to Scotland, and is designed to control all forms of gambling...
.
England and Wales
The common law offence of cheating was abolished, except as regards offences relating to the public revenue, by section 32(1)(a) of the Theft Act 1968Theft Act 1968
The Theft Act 1968 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales.On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception.-History:...
.
Cheating the public revenue
William Harkins said that "all frauds affecting the Crown and public at large are indictable as cheats at common law." This passage was cited in R v Mulligan [1990] Crim LR 427.The following cases are also relevant:
- R v Hudson [1956] 2 QB 252, [1956] 2 WLR 914, [1956] 1 All ER 814, 40 Cr App R 55, [1956] Crim LR 814
- R v Mavji [1987] 2 All ER 758, 84 Cr App R 34, [1987] Crim LR 39, CA
- R v Redford, 89 Cr App R 1, [1989] Crim LR 152, CA
- R v Hunt [1994] Crim LR 747, CA
Sentence
See R v Regan, 11 Cr App R (S) 15, CA
Going equipped for cheat
Before 15 January 2007, in section 25 of the Theft Act 1968Theft Act 1968
The Theft Act 1968 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales.On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception.-History:...
, the word "cheat" meant an offence under section 15 of that Act. The said section 15 created the offence of obtaining property by deception
Obtaining property by deception
Obtaining property by deception was formerly a statutory offence in England and Wales and Northern Ireland.-England and Wales:This offence was created by section 15 of the Theft Act 1968...
.