Cheating (law)

Cheating (law)

At law, cheating is a specific criminal offence relating to property.

Historically, to cheat was to commit a misdemeanour at common law. However, in most jurisdictions, the offence has now been codified into statute.[1]

In most cases the codified statutory form of cheating and the original common law offence are very similar, however there can be differences. For example, under English law it was held in R. v. Sinclair [1968] 3 All 241 at 246 that "[t]o cheat and defraud is to act with deliberate dishonesty to the prejudice of another person's proprietary right." However at common law a great deal of authority suggested that there had to be contrivance, such that the public were likely to be deceived and that "common prudence and caution are not sufficient security against a person being defrauded thereby".[2]

Examples of cheating upheld by the courts have included fraudulently pretending to have power to discharge a soldier,[3] using false weights or measures,[4] and playing with false dice.[5]

Contents

Definition

In relation to the common law offence, no judicial definition of the offence was ever laid down, but the description of the offence set down in Stephen's Criminal Digest[6] is regarded as fairly comprehensive, and is cited as an authoritative definition by Stroud's Judicial Dictionary.

Every one commits the misdemeanour called cheating who fraudulently obtains the property of another by any deceitful practice not amounting to felony, which practice is of such a nature that it directly affects, or may directly affect, the public at large. But it is not cheating, within the meaning of this article, to deceive any person in any contract or private dealing by lies, unaccompanied by such practices as aforesaid.

Other statutory uses

A number of jurisdictions also have statutory offences relating to cheating in gambling. See for example section 42(3) of the Gambling Act 2005.

England and Wales

The common law offence of cheating was abolished, except as regards offences relating to the public revenue, by section 32(1)(a) of the Theft Act 1968.

Cheating the public revenue

William Harkins said that "all frauds affecting the Crown and public at large are indictable as cheats at common law."[7] This passage was cited in R v Mulligan [1990] Crim LR 427.

The following cases are also relevant:

  • R v Hudson [1956] 2 QB 252, [1956] 2 WLR 914, [1956] 1 All ER 814, 40 Cr App R 55, [1956] Crim LR 814
  • R v Mavji [1987] 2 All ER 758, 84 Cr App R 34, [1987] Crim LR 39, CA
  • R v Redford, 89 Cr App R 1, [1989] Crim LR 152, CA
  • R v Hunt [1994] Crim LR 747, CA

Sentence

See R v Regan, 11 Cr App R (S) 15, CA

Cheating at play

This offence was formerly created by section 17 of the Gaming Act 1845.

Going equipped for cheat

Before 15 January 2007, in section 25 of the Theft Act 1968, the word "cheat" meant an offence under section 15 of that Act.[8] The said section 15 created the offence of obtaining property by deception.

References and notes

  1. ^ In Florida cheating remains a criminal offence by virtue of Fla. Stat. § 775.01 which provides that English common law crimes are crimes in Florida, but a specific statutory penalty for cheating is supplied by Fla. Stat. § 817.29
  2. ^ Halsbury's Laws of England, 2nd ed., Vol IX, para 944 citing various older common law cases
  3. ^ R. v. Serlested (1627) Lat 202
  4. ^ R. v. Closs (1857) Dears & B 460
  5. ^ R. v. Maddocke (1619) 2 Roll Rep 107
  6. ^ Stephen's Criminal Digest, 9th Ed., 362
  7. ^ William Hawkins. Treatise of Pleas of the Crown. Eighth Edition. Page 1322
  8. ^ The Theft Act 1968, section 25(5)

Wikimedia Foundation. 2010.

Look at other dictionaries:

  • cheating — index artifice, bunko, deceit, deceptive, dishonest, dishonesty, embezzlement, fraud, fraudulent …   Law dictionary

  • Law, Crime, and Law Enforcement — ▪ 2006 Introduction Trials of former heads of state, U.S. Supreme Court rulings on eminent domain and the death penalty, and high profile cases against former executives of large corporations were leading legal and criminal issues in 2005.… …   Universalium

  • Cheating (casino) — Cheating in casinos refers to actions by the house or the player which are prohibited by regional gambling control authorities. This may involve using suspect apparatus, interfering with apparatus, chip fraud or misrepresenting games. The… …   Wikipedia

  • Cheating (biology) — Cheating is a metaphor commonly used in behavioral ecology to describe organisms that receive a benefit at the cost of others. Cheating is common in many mutualistic and altruistic relationships.[1] Natural selection favors cheating, but there… …   Wikipedia

  • Cheating — Cheat redirects here. For other uses, see Cheat (disambiguation). Cheating refers to the breaking of rules to gain advantage in a competitive situation. The rules infringed may be explicit, or they may be from an unwritten code of conduct based… …   Wikipedia

  • Cheating in video games — Cheatcodes redirects here. For the gaming website, see CheatCodes.com. Cheating in video games involves a video game player using non standard methods for creating an advantage beyond normal gameplay, usually to make the game easier, or may also… …   Wikipedia

  • cheating — Defrauding; obtaining an advantage by deception; a common law offense, otherwise known as cheat, less than a felony, effected by means of some token or device having the semblance of public authenticity, such as spurious money of the realm or… …   Ballentine's law dictionary

  • profit by cheating — index prey Burton s Legal Thesaurus. William C. Burton. 2006 …   Law dictionary

  • English criminal law — The Old Bailey, a Crown Court centre, is situated on the site of the former bailey of the London wall English criminal law refers to the body of law in the jurisdiction of England and Wales which deals with crimes and their consequences. Criminal …   Wikipedia

  • Northern Ireland law — refers to the legal system of statute and common law operating in Northern Ireland since Northern Ireland was established as a separate jurisdiction within the United Kingdom in 1921. Contents 1 Background 2 Criminal law 2.1 Criminal offences …   Wikipedia


Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.