Offences of Dishonesty: Money Transfers [1996] EWLC 243 (15 October 1996)

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Offences of Dishonesty: Money Transfers

CONTENTS

PART I: INTRODUCTION

The problem

1.3

The procedure adopted by us for this project

1.11

The consultation process

1.14

Our recommendations

1.15

PART II: THE LACUNA IN THE LAW OF DECEPTION EXPOSED BY PREDDY

Section 15 of the Theft Act 1968

2.1

Preddy and Slade; Dhillon

The facts

2.3

The certified questions

The first question

The second question

The third question

The lacuna in the applicability of section 15 exposed by Preddyand the relationship between Preddy and Halai

2.13

PART III: THE DIFFICULTY IN FILLING THE LACUNA UNDER THE PRESENT LAW

Alternative offences under section 15 of the 1968 Act

Obtaining "other intangible property"

3.4

Obtaining a cheque qua chose in action

3.5

Obtaining a cheque qua cheque form

3.6

Possible alternative offences under other provisions of the Theft Acts

Theft

3.12

Theft by extinction of the victims chose in action

3.13

Theft of the funds obtained

3.16

False accounting

3.24

Procuring the execution of a valuable security by deception

3.28

Evasion of liability by deception

3.35

Conspiracy to defraud

3.38

Other offences under the Theft Acts

Obtaining a pecuniary advantage by deception

3.41

Obtaining services by deception

3.46

Conclusion

3.52

PART IV: FILLING THE LACUNA BY EXTENDING THE EXISTING OFFENCES

"Property"

4.2

Extension of the section 15 offence

4.6

PART V: THE NEW OFFENCE OF OBTAINING A MONEY TRANSFER BY DECEPTION

The elements of the new offence

5.2

The accounts debited and credited

5.3

The connection between the debit and the credit

5.9

Overdrafts

5.11

Cheque payments

5.12

Territorial jurisdiction

5.16

Sentence

5.20

Retrospective effect

5.22

The presumption of legislative intention

5.23

"Technical" changes to the law

5.24

The European Convention on Human Rights

5.26

Conclusion

5.35

PART VI: PREDDY AND THE LAW OF HANDLING STOLEN GOODS

The nature of the problem

6.1

The need for a new offence

6.8

The definition of the new offence

Receipt and retention

6.10

The initial dishonest credit

6.13

Stolen goods

6.19

Examples

6.20

Territorial jurisdiction

6.21

Sentence

6.22

Retrospective effect

6.23

The Law Commission