Mohamed
Unit 26: P3 P4 M3 D2
the offences of Theft, Fraud and Criminal Damage
Theft- the action of stealing items from a place or person
Appropriation- Any assumption by a person of the rights of an owner amounts to an
appropriation, and this includes, where he has come by the property (innocently or not) without
stealing it, any later assumption of a right to it by keeping or dealing with it as owner.
Property- Property” includes money and all other property, real or personal, including things in
action and other intangible property.
belonging to another- this means property shall be regarded as belonging to any person having
possession or control of it, or having in it any proprietary right or interest (not being an equitable
interest arising only from an agreement to transfer or grant an interest). Where property is subject
to a trust, the persons to whom it belongs shall be regarded as including any person having a right to
enforce the trust, and an intention to defeat the trust shall be regarded accordingly as an intention
to deprive of the property any person having that right.
Intention to permanently deprive- A person appropriating property belonging to another
without meaning the other permanently to lose the thing itself is nevertheless to be regarded as
having the intention of permanently depriving the other of it if his intention is to treat the thing as
his own to dispose of regardless of the other’s rights; and a borrowing or lending of it may amount
to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it
equivalent to an outright taking or disposal.
Fraud by False Representation- person is in breach of this section if he dishonestly makes a
false representation, and intends, by making the representation to make a gain for himself or
another, or to cause loss to another or to expose another to a risk of loss.
make a false representation- its when it is untrue or misleading, and the person making it knows
that it is, or might be, untrue or misleading.
Dishonestly- Dishonesty is to act without honesty. It is used to describe a lack of probity, cheating,
lying, or being deliberately deceptive or a lack in integrity, knavishness, perfidious, corruption or
treacherousness. Dishonesty is the fundamental component of a majority of offences relating to the
acquisition, conversion and disposal of property (tangible or intangible) defined in criminal law such
as fraud.
knowing that the representation might be misleading- A person commits an offence of failing
to disclose information if he dishonestly fails to disclose information to another person information
which he is under a legal duty to disclose and he intends, by failing to disclose the information, to
make a gain for himself or another, or to cause loss to another, or to expose another to a risk of loss.
intent to make gain/cause loss. extend only to gain or loss in money or other property; which
include any such gain or loss whether temporary or permanent; and “property” means any property
whether real or personal (including things in action and other intangible property). “Gain” includes a
gain by keeping what one has, as well as a gain by getting what one does not have. “Loss” includes a
loss by not getting what one might get, as well as a loss by parting with what one has
Unit 26: P3 P4 M3 D2
the offences of Theft, Fraud and Criminal Damage
Theft- the action of stealing items from a place or person
Appropriation- Any assumption by a person of the rights of an owner amounts to an
appropriation, and this includes, where he has come by the property (innocently or not) without
stealing it, any later assumption of a right to it by keeping or dealing with it as owner.
Property- Property” includes money and all other property, real or personal, including things in
action and other intangible property.
belonging to another- this means property shall be regarded as belonging to any person having
possession or control of it, or having in it any proprietary right or interest (not being an equitable
interest arising only from an agreement to transfer or grant an interest). Where property is subject
to a trust, the persons to whom it belongs shall be regarded as including any person having a right to
enforce the trust, and an intention to defeat the trust shall be regarded accordingly as an intention
to deprive of the property any person having that right.
Intention to permanently deprive- A person appropriating property belonging to another
without meaning the other permanently to lose the thing itself is nevertheless to be regarded as
having the intention of permanently depriving the other of it if his intention is to treat the thing as
his own to dispose of regardless of the other’s rights; and a borrowing or lending of it may amount
to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it
equivalent to an outright taking or disposal.
Fraud by False Representation- person is in breach of this section if he dishonestly makes a
false representation, and intends, by making the representation to make a gain for himself or
another, or to cause loss to another or to expose another to a risk of loss.
make a false representation- its when it is untrue or misleading, and the person making it knows
that it is, or might be, untrue or misleading.
Dishonestly- Dishonesty is to act without honesty. It is used to describe a lack of probity, cheating,
lying, or being deliberately deceptive or a lack in integrity, knavishness, perfidious, corruption or
treacherousness. Dishonesty is the fundamental component of a majority of offences relating to the
acquisition, conversion and disposal of property (tangible or intangible) defined in criminal law such
as fraud.
knowing that the representation might be misleading- A person commits an offence of failing
to disclose information if he dishonestly fails to disclose information to another person information
which he is under a legal duty to disclose and he intends, by failing to disclose the information, to
make a gain for himself or another, or to cause loss to another, or to expose another to a risk of loss.
intent to make gain/cause loss. extend only to gain or loss in money or other property; which
include any such gain or loss whether temporary or permanent; and “property” means any property
whether real or personal (including things in action and other intangible property). “Gain” includes a
gain by keeping what one has, as well as a gain by getting what one does not have. “Loss” includes a
loss by not getting what one might get, as well as a loss by parting with what one has
