header-logo header-logo

23 March 2007 / Nicholas Yeo
Issue: 7265 / Categories: Features , Fraud , Company , Constitutional law
printer mail-detail

Bull's-eye (2)

In his final article on the Fraud Act 2006, Nicholas Yeo discusses the common law conspiracy to defraud

Few would disagree with the Attorney General’s contention that, before the introduction of the Fraud Act 2006 (FrA 2006), deception offences were “too precise, overlapping and outmoded to give effective coverage over the breadth of frauds committed today” (speech to Annual Financial Crime Conference, 15 November 2005).

Before FrA 2006 came into force, on 15 January 2007, if a woman walked into a bank with a crude letter stating “please give this person £100” and her efforts failed, then the offence she would have committed would depend upon the form in which she was seeking to obtain the money:

  • if cash, the offence would be attempted obtaining property by deception (Theft Act 1968 (TA 1968), s 5);
  • if transfer to another account, then the offence would be attempted obtaining a money transfer by deception (TA 1968, s 15A); or
  • if she were accompanied by a collaborator, she would have committed a conspiracy to defraud at common law, but
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll