- Published on
Legal Terms – Deception
Deception is defined as intentionally or carelessly misrepresenting to another person, by words or deeds, a fact (including the existence of an intention) or legal requirement. Although deceit in and of itself is not illegal, there were six deceptive crimes that carried a prison sentence up until January 2007:
1. Acquiring real estate.
2. Acquiring an overdraft, insurance coverage, an annuity contract, or the chance to work a job and make more money or win money from betting. The maximum sentence for these two offenses is ten years in prison.
3. Getting any services (such getting a car or hiring a driver or typist).
4. Securing the forgiveness of all or a portion of an outstanding debt (one's own or another's) with the intention of entering a complete or partial permanent default.
5. Making someone wait for or forgo paying him a debt.
6. Getting a waiver or reduction in the obligation to pay for anything (for example, getting free or inexpensive travel by feigning to be an elderly person).
The Fraud Act 2006 eliminated certain offenses as of January 15, 2007, although since the Act is not retroactive, previous offenses are nonetheless covered by the old legislation.
If consent to have sex is acquired by purposeful lying about the "nature and purpose of the act," this may be enough to vitiate the consent and result in the commission of an offence under the Sexual Offences conduct 2003 (ss. 74, 76). The courts (Assange v. Swedish Prosecution Authority [2011] EWCH 2849; R v. McNally [2013] EWCA Crim 1051) have construed this narrowly.
Deception is defined as intentionally or carelessly misrepresenting to another person, by words or deeds, a fact (including the existence of an intention) or legal requirement. Although deceit in and of itself is not illegal, there were six deceptive crimes that carried a prison sentence up until January 2007:
1. Acquiring real estate.
2. Acquiring an overdraft, insurance coverage, an annuity contract, or the chance to work a job and make more money or win money from betting. The maximum sentence for these two offenses is ten years in prison.
3. Getting any services (such getting a car or hiring a driver or typist).
4. Securing the forgiveness of all or a portion of an outstanding debt (one's own or another's) with the intention of entering a complete or partial permanent default.
5. Making someone wait for or forgo paying him a debt.
6. Getting a waiver or reduction in the obligation to pay for anything (for example, getting free or inexpensive travel by feigning to be an elderly person).
The Fraud Act 2006 eliminated certain offenses as of January 15, 2007, although since the Act is not retroactive, previous offenses are nonetheless covered by the old legislation.
If consent to have sex is acquired by purposeful lying about the "nature and purpose of the act," this may be enough to vitiate the consent and result in the commission of an offence under the Sexual Offences conduct 2003 (ss. 74, 76). The courts (Assange v. Swedish Prosecution Authority [2011] EWCH 2849; R v. McNally [2013] EWCA Crim 1051) have construed this narrowly.
0 Comments