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Essay / Research Paper Abstract
This 4 page paper considers deception under English criminal law and considers the application of law to three examples; the false claim of credentials for employment, writing a cheque that is not honoured and obtaining services by deception. The bibliography cites 5 sources.
Page Count:
4 pages (~225 words per page)
File: TS14_TEdecpetn.rtf
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Unformatted sample text from the term paper:
job as the head of the art school on the basis of a false claim that she had published articles. This is a case where Denise had obtained a pecuniary
advantage by way of deception. This is an offence under the Theft Act 1968 s.16 (2)(c) which states that where dishonesty and deception is used this is deemed to
give a pecuniary advantage where "he is given the opportunity to earn remuneration or greater remuneration in an office or employment, or to win money by betting" (Lexis, 2004).
In this instance there is a betterment as this is the basis of her promotion form a lecturer to the head of school. The diction may be seen as
meeting the definition of deception given in section 15 of the act. The role of disclosure can be seen in cases such as Hunter v Butler (1986) (unreported) and
Hewison v Meridian Shipping Services and others (2001) (unreported) (Hardwicke Building, 2001). In these cases employees were not honest with their employer and gained financial advantage by that dishonesty.
We can also look at the case of King and Stockwell [1987] 1 All ER 547, here there was a case which was brought under section 15 and not section
16, where workman told a householder work needed to be undertaken when it did not, and as such gained payment for work by way of deception (Herring, 2002). This
could have been brought under section 16, but indicates the courts reluctant to use section 16 and the way it is being limited. In this case it was argued that
it is up to the court to decide if the deception was an operative cause of the situation. Here it appears as if it was the false claim that. This
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