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 not if she acted alone.

FrA 2006 sets

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll