Theft of Money or Property

Theft

Theft is a term often used to describe a wide variety of fraudulent conduct. For example, fraud is often described as theft by deception or larceny by trick.

Section 1 of The Theft Act 1968[1], defines theft as a the dishonest appropriation of property of another with the intention of permanently depriving the victim of it. Moreover, the Act specifies that "thief" and "steal" are to be construed accordingly.

Section 4 of The Theft Act 1968, defines property as money, all real or personal property, including things in action and tangible property.

Obtaining Services by Deception

Section 1 of The Theft Act 1968 renders one guilty of an offence whereby he/she, by deceptively/dishonestly obtaining services from another

"Obtaining of services" occurs where a person is induced to confer a benefit by doing some act, or causing or permitting some act to be done, on the understanding that the benefit has been or will be paid for. This is confined to the case where the defendant obtains by deception something he is expected to pay for.

The word 'deception' is defined in section 15(4) of the Theft Act 1968 as "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".

Obtaining Property by Deception

Section 15 of The Theft Act 1968 makes it an offence to obtain property (money and all other property, real or personal, including things in action and other intangible property) by deception:

(1) A person who by any deception dishonestly obtains property belonging to another, with the intention of permanently depriving the other of it, shall on conviction on indictment be liable to imprisonment for a term not exceeding ten years.

(2) For purposes of this section a person is to be treated as obtaining property if he obtains ownership, possession or control of it, and "obtain" includes obtaining for another or enabling another to obtain or to retain.

(3) ...

(4) For 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.

Evasion of Liability by Deception

In addition to the offences contain in The Theft Act 1968, section 2 of The Theft Act 1978 makes it an offence to evade a liability by deception:

(1) Subject to subsection (2) below, where a person by any deception

(a) dishonestly secures the remission of the whole or part of any existing liability to make a payment, whether his own liability or another's; or

(b) with intent to make permanent default in whole or in part on any existing liability to make a payment, or with intent to let another do so, dishonestly induces the creditor or any person claiming payment on behalf of the creditor to wait for payment (whether or not the due date for payment is deferred) or to forgo payment; or

I dishonestly obtains any exemption from or abatement of liability to make a payment;

he shall be guilty of an offence.

(2) For purposes of this section "liability" means legally enforceable liability; and subsection (1) shall not apply in relation to a liability that has not been accepted or established to pay compensation for a wrongful act or omission.

(3) For purposes of subsection (1)(b) a person induced to take in payment a cheque or other security for money by way of conditional satisfaction of a pre-existing liability is to be treated not as being paid but as being induced to wait for payment.

(4) For purposes of subsection (1)I "obtains" includes obtaining for another or enabling another to obtain.