Book contents
- Frontmatter
- Preface to the Sixteenth Edition
- Preface to The Seventeenth Edition
- Preface to the Eighteenth Edition
- Contents
- Index of cases
- Index to the principal statutes
- List of principal books cited
- BOOK I GENERAL CONSIDERATIONS
- BOOK II DEFINITIONS OF PARTICULAR CRIMES
- CHAPTER VII HOMICIDE
- CHAPTER VIII OFFENCES AGAINST THE PERSON THAT ARE NOT FATAL
- CHAPTER IX BIGAMY
- CHAPTER X CRIMINAL LIBEL
- CHAPTER XI OFFENCES AGAINST PROPERTY
- CHAPTER XII BURGLARY AND HOUSEBREAKING
- CHAPTER XIII STEALING
- CHAPTER XIV EMBEZZLEMENT
- CHAPTER XV FRAUDULENT CONVERSION
- CHAPTER XVI CHEATS PUNISHABLE AT COMMON LAW
- CHAPTER XVII FALSE PRETENCES
- CHAPTER XVIII RECEIVING STOLEN PROPERTY
- CHAPTER XIX OTHER OFFENCES INVOLVING FRAUD
- CHAPTER XX FORGERY
- CHAPTER XXI OFFENCES AGAINST THE STATE
- CHAPTER XXII CONSPIRACY AND INDUSTRIAL DISPUTES
- CHAPTER XXIII PERJURY AND OTHER OFFENCES AGAINST PUBLIC JUSTICE
- CHAPTER XXIV OFFENCES AGAINST INTERNATIONAL LAW
- CHAPTER XXV OFFENCES OF VAGRANCY
- BOOK III MODES OF JUDICIAL PROOF
- BOOK IV CRIMINAL PROCEDURE
- Appendix I The meaning of ‘credit’
- Appendix II II Rules as to admission of evidence which reveals to the jury facts discreditable to the person accused
- Appendix III III Forms of indictment
- Index
CHAPTER XIX - OTHER OFFENCES INVOLVING FRAUD
from BOOK II - DEFINITIONS OF PARTICULAR CRIMES
Published online by Cambridge University Press: 05 June 2016
- Frontmatter
- Preface to the Sixteenth Edition
- Preface to The Seventeenth Edition
- Preface to the Eighteenth Edition
- Contents
- Index of cases
- Index to the principal statutes
- List of principal books cited
- BOOK I GENERAL CONSIDERATIONS
- BOOK II DEFINITIONS OF PARTICULAR CRIMES
- CHAPTER VII HOMICIDE
- CHAPTER VIII OFFENCES AGAINST THE PERSON THAT ARE NOT FATAL
- CHAPTER IX BIGAMY
- CHAPTER X CRIMINAL LIBEL
- CHAPTER XI OFFENCES AGAINST PROPERTY
- CHAPTER XII BURGLARY AND HOUSEBREAKING
- CHAPTER XIII STEALING
- CHAPTER XIV EMBEZZLEMENT
- CHAPTER XV FRAUDULENT CONVERSION
- CHAPTER XVI CHEATS PUNISHABLE AT COMMON LAW
- CHAPTER XVII FALSE PRETENCES
- CHAPTER XVIII RECEIVING STOLEN PROPERTY
- CHAPTER XIX OTHER OFFENCES INVOLVING FRAUD
- CHAPTER XX FORGERY
- CHAPTER XXI OFFENCES AGAINST THE STATE
- CHAPTER XXII CONSPIRACY AND INDUSTRIAL DISPUTES
- CHAPTER XXIII PERJURY AND OTHER OFFENCES AGAINST PUBLIC JUSTICE
- CHAPTER XXIV OFFENCES AGAINST INTERNATIONAL LAW
- CHAPTER XXV OFFENCES OF VAGRANCY
- BOOK III MODES OF JUDICIAL PROOF
- BOOK IV CRIMINAL PROCEDURE
- Appendix I The meaning of ‘credit’
- Appendix II II Rules as to admission of evidence which reveals to the jury facts discreditable to the person accused
- Appendix III III Forms of indictment
- Index
Summary
Section I. Statutory Frauds
CORRUPT REWARDS
By section 34 of the Larceny Act, 1916,
Every person who corruptly takes any money or reward, directly or indirectly, under pretence or upon account of helping any person to recover any property which has, under circumstances which amount to felony or misdemeanour, been stolen or obtained in any way whatsoever, or received, shall (unless he has used all due diligence to cause the offender to be brought to trial for the same) be guilty of felony and on conviction thereof liable to [imprisonment] for any term not exceeding seven years.
The rule contained in this section is derived from earlier statutes and is said to have originated as a result of the activities of a celebrated criminal in the eighteenth century, Jonathan Wild, who carried on a notorious trade in the collection of such rewards.
Any person who publicly advertises a reward for the return of any property which has been stolen or lost with an intimation, direct or indirect, that no questions will be asked (or publishes such an advertisement) is liable on summary conviction to a fine not exceeding one hundred pounds.
OBTAINING CREDIT BY FRAUD
By virtue of the Debtors Act, 1869, any person who in incurring any debt or liability has obtained credit under false pretences, or by means of any other fraud, is guilty of a misdemeanour and liable to be imprisoned for any time not exceeding one year. As we have seen this provision reaches some cases of dishonesty which cannot be brought within section 32 of the Larceny Act, 1916, for example because the false representation may relate to the future. It has been decided that ‘debt’ means a debt which can be recovered by civil action, and therefore a betting debt, since it is void under the Gaming Act, 1845, is not within this section. The credit must have been obtained for the offender himself and it is not enough that he has obtained it for some other person. The meaning of the word ‘credit’ in this connexion is discussed in Appendix I, post.
- Type
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- Information
- Kenny's Outlines of Criminal Law , pp. 359 - 365Publisher: Cambridge University PressPrint publication year: 2013