Misc. Dishonesty Offences
It is an offence to advertise of publish an offer of reward for the return of lost or stolen goods using words implying that no questions will be asked or the person producing the goods will be safe from apprehension or that money aid for the purchase of the goods, it will be repaid.
No proof of intent is required for this offence. The offence applies to both the person advertising and the publisher, with a maximum sentence of 6 months and a fine level 3 on the standard scale on summary conviction.
A person who dishonestly uses without due authority, or dishonestly causes to be wasted or diverted any electricity commits an offence.
This is a separate offence as electricity does not constitute property. “Dishonestly” refers to the state of mind as opposed to the conduct of the person concerned.” .It is not necessary that the person benefits from the wasted or diverted electricity.
The offence may be tried summarily with a maximum sentence of 6 months or the maximum fine, or subject to 5 years on conviction on indictment.
A person is guilty of an offence if
- a wrongful credit has been made to their account or an account in which they have an interest
- he knows or believes the credit is wrong
- and he dishonestly fails to take reasonable steps, as circumstances permit, to secure the credit is cancelled.
Credit may be wrongful to the extent that his is derived from fraud, theft, blackmail, or stolen goods.
The offence is subject on summary conviction with imprisonment of up to 6 months and the maximum fine, or subject to conviction on indictment with a maximum sentence of up to 10 years.
A person handles stolen goods, if other than in the course of stealing, he knowingly or believing them to be stolen goods, he dishonestly receives the goods or dishonestly undertake or assists in their retention acquisition, removal, disposal, or realization by of or for the benefit of another person or he arranges to do.
Stolen goods include both original stolen goods and parts of them, regardless of their original state, and other items directly or indirectly representing the stolen goods as the proceeds of any disposal or realisation of any part of the stolen goods handled by them, representing the stolen goods.
Goods includes money and every type of property except land. Knowing” means knowledge that the goods have been stolen. “Believing” included that the person cannot be certain that the goods are stolen, but circumstances indicate no other reasonable conclusion is possible.
The court determines what is considers what is dishonest according to the ordinary standards of reasonable and honest people.
Possession includes actual physical possession and possession in the sense of having control over the property at a particular place.
Retention means keeping possession and continuing to have it. Realisation means converting goods into money.
Arranging includes being ready to receive, retain, remove, sell, or convert stolen goods. The person does not need to have actually seen or handled the goods.
Where a person is prosecuted for handling stolen goods only, evidence may be introduced of previous dealings with stolen goods within 12 months prior to the current incident; it is not necessary to show a prior charge or conviction.
Evidence may be given of a previous conviction for theft or handling within 5 years of the incident. 7 days’ notice of the intention to introduce this evidence must be given.
The benefits received by the person receiving the goods are irrelevant.
The offence may be charged summarily or on indictment. Summary conviction is subject to 6 months imprisonment and or the maximum fine, and on indictment, it is subject to 14 years imprisonment.
Under the Theft Act 1978, it is an offence where a person who, knowing that payment for goods supplied or services done is required or expected, dishonestly makes off without having paid as required or expected, and with the intent to avoid payment of the amount due.
It is not an offence where the supply of the goods or doing of the service is contrary to law, or where the service done is such that payment is not legally enforceable. This may include, for example, a defective goods or service are provided.
The offence is subject on summary conviction, with up to 6 months imprisonment or a fine up to the maximum. On indictment, it carries a sentence up to 2 to 3 years imprisonment.