CRIMINAL LAW: TUTORIAL EIGHT 2000 - 2001

DECEPTION OFFENCES; MAKING OFF; BLACKMAIL

(1) CRIMINAL DECEPTION

General

****Theft Act, 1968, ss. 15; 15A; 16; ****Theft Act, 1978, ss. 1; 2

**J C Smith, The Law of Theft, Ch 4

"By deception"

****Theft Act, 1968, s. 15

**Smith, 1982 Crim L R 721

**Ray [1974] AC 370; ****L. Reid 379-380

****Charles [1977] AC 177; 93 LQR 337

Rashid [1977] 2 All E R 237

Doukas [1978] 1 All E R 1061

****Lambie [1980] Crim L R 725 (CA); [1981] Crim L R 712 (HL)

***Gilmartin [1983] Crim L R 330; [1983] 1 All E R 829

***Mitchell 1993 Crim L R 788 (NB Commentary)

Coady [1996] Crim L R 518

****Preddy [1996] Crim L R 726; [1996] A C 815

*Graham [1996] Crim L R 341

Hawkins [1997] Crim L R 134

****Nabina [2000] Crim L R 481



Article: A T H Smith, "The Idea of Deception" [1982] Crim L R 721

Mens rea

Ghosh [1982] 3 W L R 110; [1982] Crim L R 608

**Woolven [1983] Crim L R 623

**Greenstein [1976] 1 All E R 1

*Melwani [1989] Crim L R 565

Individual offences;- (a) s 15 TA, 1968 obtaining property

*Abdullah [1982] Crim L R 122

Thompson [1984] Crim L R 427

(b) s 15A, TA, 1968 obtaining a money transfer by deception

****Preddy [1996] A C 815

**Cooke [1997] Crim L R 437

Hilton [1997] Crim L R 761

(c) s 16 TA, 1968 obtaining pecuniary advantage

**Kovacs [1974] 1 All E R 1236

***Waites [1983] Crim L R 369

McNiff [1986] Crim L R 57

****Bevan [1987] Crim L R 129

(d) s 1 TA, 1978 obtaining services

*Halai [1983] Crim L R 624

Cumming-Johns [1997] Crim L R 660

**Naviede [1997] Crim L R 662

(e) s 2 TA, 1978 evasion of liability

**Holt [1981] Crim L R 499; [1981] 2 All E R 854

Andrews and Hedges [1981] Crim L R 106

Sibartie [1983] Crim L R 470

Jackson [1983] Crim L R 617

(e) s 20(2) TA, 1968 obtaining execution of a valuable security

*Caresana [1996] Crim L R 667



(2) MAKING OFF WITHOUT PAYMENT

****s3 TA, 1978

J C Smith, The Law of Theft, Ch 5

***Allen [1984] Crim L R 498 (CA); [1985] AC 1029 (HL)

*Aziz [1993] Crim L R 708

(3) BLACKMAIL

****s21 TA, 1968

*S & H 8th edn pp 618 - 625

****S & H 8th edn p 622 "subjective nature of the test" (cf "dishonesty")

**G W 2nd edn pp 829 - 838

J C Smith, The Law of Theft, Ch 10

*Thorne v M T A [1937] AC 797, 814 (per L Wright re "menace")

*Clear [1968] 1 All E R 74, 80 (Sellers LJ re "menace")

Harry [1974] Crim L R 32

**Harvey, Ulyett & Plummer (1981) 72 Cr App Rep 139



ESSAY

Deception cases illustrate the manner in which courts strain the law in order to obtain conviction. Explain and comment.



PROBLEMS

Discuss some (or all) of the following cases:



(2) Snark is employed as a lodge porter at a college. During vacations when all the fellows are away he intercepts visitors at the gate and charges them 50 pence to enter and view the college. He puts the money into his own pocket.

(3) W is an antique dealer and engages X to travel round the country buying antiques for him. W gives X 10,000 for this purpose. X returns after a fortnight with antiques which he has bought for 8,000 and with the remaining 2,000 in case. W learns later that in the first week X bought some tables and chairs for 9,000 and sold them for 16,000.

(4) R sells a stolen radio in a pub to S who does not know that it is stolen but suspects from the low price asked that it may be stolen. After S has paid R for it, R uses some of the money to place a bet with a bookmaker's runner, T, who has been a witness to the sale.

(5) O tells P, a taxi driver, that O's wife is expecting a baby in hospital and asks P to give him a free ride. In fact O merely wishes to meet his girl-friend who is a nurse at the hospital.

(6) Bilko enters a restaurant and orders a meal. When he has consumed the meal he smokes several cigarettes and then, while the waiter is in the kitchen, leaves without paying.

(7) Would a latter-day Harriette Wilson (G W 2nd edn p 832) be guilty of blackmail under section 21 of the Theft Act, 1968 ?