• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

How Satisfactory Is The Current Law On The Deception Offences?

Extracts from this document...


´╗┐Anthony Day In Your View, How Satisfactory Is The Current Law On The Deception Offences? There have been problems with the law on deception. However the Theft Act was passed to clarify the law and to fill in some of the gaps the current law seems to be complex and confused. Some parts of the act, there was parts so obscure and difficult to use that just 4 years after the Act was passed, the CLRC was asked to look at amending it. There were also gaps in the coverage of the Act. The 1978 legislation was passed to remedy both problems, repealing the troublesome part of section 16 and creating the new deception offences of obtaining services by deception, making off without payment and evasion of liability by deception. Recently problems with the legislation have been highlighted by the House of Lords judgement in R v Preddy. While some of the difficulties arising from the case have been dealt with by the Theft Amendment Act, some problems still remain and the Theft Acts still fall short of the high hopes that were held for them. There were now twice the number of problems of interpretation and application, so it would seem that instead of getting better at reforming this area, the law on deception is still as complex and unsatisfactory than ever before. ...read more.


the law here seems to be acting in an unsatisfactory manor and although they treated like cases alike they treated them in the wrong way. There have been problems too regarding ca defendant who pays for something using his or her own cheque or credit card as it is difficult to see what the deception is in such circumstances, The courts have created liability by holding that the user is representing that he has the authority of the bank or card company to uses the card. This can be criticised as it is criminalising conduct which would normally be a civil debt and could be dealt with through debt processing in the civil courts. However there has been a confliction regarding this and leading to the law on deception being seen as unsatisfactory in the cases of Fitzeal Nabina and Lambie. In the case of Fitzeal Nabina the defendant obtained credit cards in his own name by false pretences obtained credit cards in own name but under false pretences, used the card in various shops however the defendant was found not guilty of obtaining property by deception contrary to s15 of the Theft Act 1968. This was because the Court Of Appeal held he had the authority of the card companies to use the cars. ...read more.


Evasion of a liability by a deception has in itself been under scrutiny as to the laws role in keeping this area of the law satisfactory. It is however the area of law that caused the greatest problems. The case of R v Sibartie illustrates the problem of overlap between the subsections which in turn causes confusion, conflict and makes the law unsatisfactory. In R v Sibartie, the defendant was convicted of attempting s2(1)(c) when he deceived a ticket collector on the underground into believing that he had paid for the whole of his journey. In fact, he had only purchased tickets which covered the first few and last few stations in his journey. The court of first instance said that that was a dishonest attempt to obtain an exemption from the liability to pay the excess. On appeal, it was argued that this was an attempt to induce the creditor to forgo payment of part under s2 (1) (b). The Court of Appeal held that although this illustrated the overlap between s.2 (1) (b) and s.2 (1) (c), it did not make liability under s.2 (1) (c) wrong. This case shows there is too much overlap between the offences which could cause confusion. The only clear difference is that s2 (1) (b) requires proof that the defendant intends to make permanent default. This requirement is not included in the other two subsections. . ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Criminal Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Criminal Law essays

  1. Marked by a teacher

    English law does not normally impose liability for an omission or failure to act ...

    4 star(s)

    This is when the defendant is under a duty you care for another or assumes a duty of care, failure to discharge that duty may lead to liability. An example of this is R v Stone & Dobinson Ted Stone was 67, totally blind, partially deaf had no appreciable sense of smell and was of low intelligence.

  2. Marked by a teacher

    Is the current law on the non-fatal offences against the person satisfactory?

    4 star(s)

    The Law Commission made a number of proposals for reform in its draft Criminal Law Bill, but this was never enacted. However, in 1998 the Government published its own Offences Against the Person Bill which proposed that the existing legislation be scrapped and replaced by four new offences - the same as those proposed by the Law Commission in 1993.

  1. Marked by a teacher

    Critical evaluation of murder for A2 law unit 4

    3 star(s)

    how can you really prove a person intended to do a specific thing at any given point in time? The main problems in the law are on foresight of consequences. The house of lords has tried on many occasions to explain it.

  2. Property Offences, Corporate Manslaughter and Police Powers of Search and Entry.

    * To arrest someone for different offences under the Public Order Acts 1936 and 1986 - such as violent disorder, threatening behaviour and disorderly conduct * To bring back a person who has escaped from legal custody. The police officer could search the premises; however the power of search is

  1. Law - Unit 3 - Mock Exam Question

    Firstly if a special relationship exists between two people. In R v Lowe (1973) a father failed to call a doctor when his nine-week-old baby became ill. He had a duty to act, though on the facts he lacked the mens rea of an offence because of his low intelligence.

  2. Non-Fatal Offences - Notes and Evaluation.

    If the force is excessive then it is a criminal offence. The Mens Rea for battery is either an intention to apply unlawful personal violence to another person or recklessness as the whether unlawful force is applied - the defendant must realise that there is a risk that his act

  1. List and explain the six most important cases for the law on insanity, explaining ...

    This decision has been widely criticised however, as the underlying cause of the hypoglycaemia was diabetes. If he didn?t suffer from diabetes, he would not have been in a hypoglycaemic state, and so many argue that this case has been wrongly decided.

  2. The History and Main Features of Criminal Law in the USA.

    come as close to the commission of the substantive crime as attempt does. The offense imposes liability on the defendant for crime committed by co-conspirators. Conspiracy combines spoken words with an overt act but does not require the commission of the planned unlawful object.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work