Book contents
- Frontmatter
- Preface to the Sixteenth Edition
- Preface to The Seventeenth Edition
- Preface to the Eighteenth Edition
- Contents
- Index of cases
- Index to the principal statutes
- List of principal books cited
- BOOK I GENERAL CONSIDERATIONS
- BOOK II DEFINITIONS OF PARTICULAR CRIMES
- CHAPTER VII HOMICIDE
- CHAPTER VIII OFFENCES AGAINST THE PERSON THAT ARE NOT FATAL
- CHAPTER IX BIGAMY
- CHAPTER X CRIMINAL LIBEL
- CHAPTER XI OFFENCES AGAINST PROPERTY
- CHAPTER XII BURGLARY AND HOUSEBREAKING
- CHAPTER XIII STEALING
- CHAPTER XIV EMBEZZLEMENT
- CHAPTER XV FRAUDULENT CONVERSION
- CHAPTER XVI CHEATS PUNISHABLE AT COMMON LAW
- CHAPTER XVII FALSE PRETENCES
- CHAPTER XVIII RECEIVING STOLEN PROPERTY
- CHAPTER XIX OTHER OFFENCES INVOLVING FRAUD
- CHAPTER XX FORGERY
- CHAPTER XXI OFFENCES AGAINST THE STATE
- CHAPTER XXII CONSPIRACY AND INDUSTRIAL DISPUTES
- CHAPTER XXIII PERJURY AND OTHER OFFENCES AGAINST PUBLIC JUSTICE
- CHAPTER XXIV OFFENCES AGAINST INTERNATIONAL LAW
- CHAPTER XXV OFFENCES OF VAGRANCY
- BOOK III MODES OF JUDICIAL PROOF
- BOOK IV CRIMINAL PROCEDURE
- Appendix I The meaning of ‘credit’
- Appendix II II Rules as to admission of evidence which reveals to the jury facts discreditable to the person accused
- Appendix III III Forms of indictment
- Index
CHAPTER XVII - FALSE PRETENCES
from BOOK II - DEFINITIONS OF PARTICULAR CRIMES
Published online by Cambridge University Press: 05 June 2016
- Frontmatter
- Preface to the Sixteenth Edition
- Preface to The Seventeenth Edition
- Preface to the Eighteenth Edition
- Contents
- Index of cases
- Index to the principal statutes
- List of principal books cited
- BOOK I GENERAL CONSIDERATIONS
- BOOK II DEFINITIONS OF PARTICULAR CRIMES
- CHAPTER VII HOMICIDE
- CHAPTER VIII OFFENCES AGAINST THE PERSON THAT ARE NOT FATAL
- CHAPTER IX BIGAMY
- CHAPTER X CRIMINAL LIBEL
- CHAPTER XI OFFENCES AGAINST PROPERTY
- CHAPTER XII BURGLARY AND HOUSEBREAKING
- CHAPTER XIII STEALING
- CHAPTER XIV EMBEZZLEMENT
- CHAPTER XV FRAUDULENT CONVERSION
- CHAPTER XVI CHEATS PUNISHABLE AT COMMON LAW
- CHAPTER XVII FALSE PRETENCES
- CHAPTER XVIII RECEIVING STOLEN PROPERTY
- CHAPTER XIX OTHER OFFENCES INVOLVING FRAUD
- CHAPTER XX FORGERY
- CHAPTER XXI OFFENCES AGAINST THE STATE
- CHAPTER XXII CONSPIRACY AND INDUSTRIAL DISPUTES
- CHAPTER XXIII PERJURY AND OTHER OFFENCES AGAINST PUBLIC JUSTICE
- CHAPTER XXIV OFFENCES AGAINST INTERNATIONAL LAW
- CHAPTER XXV OFFENCES OF VAGRANCY
- BOOK III MODES OF JUDICIAL PROOF
- BOOK IV CRIMINAL PROCEDURE
- Appendix I The meaning of ‘credit’
- Appendix II II Rules as to admission of evidence which reveals to the jury facts discreditable to the person accused
- Appendix III III Forms of indictment
- Index
Summary
Section I. The Larceny Act, 1916, Section 32
Section 32 of the Larceny Act provides that:
Every person who by any false pretence
(1) with intent to defraud, obtains from any other person any chattel, money, or valuable security, or causes or procures any money to be paid, or any chattel or valuable security to be delivered, to himself or to any other person for the use or benefit or on account of himself or any other person; or
(2) with intent to defraud or injure any other person, fraudulently causes or induces any other person
(a) to execute, make, accept, endorse, or destroy the whole or any part of any valuable security; or
(b) to write, impress, or affix his name or the name of any other person, or the seal of any body corporate or society, upon any paper or parchment in order that the same may be afterwards made or converted into, or used or dealt with as, a valuable security;
shall be guilty of a misdemeanour and on conviction thereof liable to imprisonment for any term not exceeding five years.
Under this provision five points arise for consideration: (a) the subject-matter of the crime, (b) the right obtained over that thing, (c) the pretence, (d) its effect, and (e) the intent.
(a) THE SUBJECT-MATTER
Although the statutes which have regulated this crime have nowhere so stated, it has always been held that the words ‘chattel, money, or valuable security’ do not include things which at common law were not the subject of larceny. Thus since, as we have seen, a ‘difference in value’ as such cannot be stolen, it cannot be obtained by false pretences. Accordingly the section does not cover a fraudulent obtaining of real property, or of anything ‘savouring of the realty’, or of a dog (however valuable). Yet it has been held that a railway ticket, although it is evidence of a chose in action, may be the subject of an indictment for obtaining it by false pretences since it is a chattel.
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- Kenny's Outlines of Criminal Law , pp. 342 - 354Publisher: Cambridge University PressPrint publication year: 2013