Conspiracy to defraud
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Conspiracy to defraud is an offence under the common law of England and Wales and Northern Ireland.
England and Wales
The standard definition of a conspiracy to defraud was provided by
The following cases are also relevant to this offence:
- R v Orbell (1703) 6 Mod Rep 42, (1703) 12 Mod Rep 499
- R v Button (1848) 11 QB 929, (1848) 18 LJMC 19, (1848) 12 LT (OS) 309, (1848) 13 JP 20, (1848) 12 Jur 1017, (1848) 3 Cox 229
- R v Yates (1853) 6 Cox 441
- R v De Kromme (1892) 66 TLR325, (1892) 17 Cox 492
- R v Quinn (1898) 19 Cox 78
- R v Boyle and Mears, 94 CA
Although most
Relationship to statutory conspiracy etc
Section 32(1)(a) of the Theft Act 1968 did not, by abolishing the common law offence of cheating, thereby abolish the common law offence of conspiracy to defraud.[5]
Section 5(1) of the Criminal Law Act 1977 does not affect the common law offence of conspiracy so far as it relates to conspiracy to defraud.[6]
Section 12(1) of the
If -
- (a) a person agrees with any other person or persons that a course of conduct shall be pursued; and
- (b) that course of conduct will necessarily amount to or involve the commission of any offence or offences by one or more of the parties to the agreement if the agreement is carried out in accordance with their intentions,
the fact that it will do so shall not preclude a charge of conspiracy to defraud being brought against any of them in respect of the agreement.[7]
Paragraphs (a) and (b) are derived from section 1(1) of the Criminal Law Act 1977 and refer to the offence that that section creates.
As to section 12, see R v Rimmington, R v Goldstein [2005] UKHL 63.
History
Before 20 July 1987, section 1 of the Criminal Law Act 1977 did not apply in any case where the agreement in question amounted to a conspiracy to defraud at common law.[8]
Incitement to conspire
See section 5(7) of the Criminal Law Act 1977.
Indictment
See the following cases:
- R v Landy and others, [1981] 1 Crim LR326, CA
- R v Cohen and others, The Independent, 29 July 1992, CA
History
The following specimen count was formerly contained in paragraph 13 of the Second Schedule to the Indictments Act 1915 before it was repealed.
STATEMENT OF OFFENCE.
Conspiracy to defraud.
PARTICULARS OF OFFENCE.
A.B. and C.D. on the day of and on divers days between that day and the day of , in the county of , conspired together with intent to defraud by means of an advertisement inserted by them, the said A.B. and C.D., in the H.S. newspaper, falsely representing that A.B. and C.D. were then carrying on a genuine business as jewellers at in the county of , and that they were then able to supply certain articles of jewellery to whomsoever would remit to them the sum of two pounds.
Mode of trial and sentence
A person guilty of conspiracy to defraud is liable on conviction on indictment to imprisonment for any term not exceeding ten years, or to a fine, or to both.[9]
Jurisdiction
Conspiracy to defraud is a Group B offence for the purposes of Part I of the Criminal Justice Act 1993.[10]
See the following cases:
- Attorney General's Reference (No 1 of 1982) [1983] QB 751, [1983] 3 WLR 72, [1983] 2 All ER 721, [1983] Crim LR 534
- DPP v Doot and others [1973] AC 807, [1973] 2 WLR 532, [1973] 1 All ER 940, 57 Cr App R 600, [1973] Crim LR 292, HL
- Board of Trade v Owen [1957] AC 602, [1957] 2 WLR 351, [1957] 1 All ER 411, 41 Cr App R 11, affirming R v Owen [1957] 1 QB 174
Northern Ireland
Article 13(1) of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13)) does not affect the common law offence of conspiracy so far as it relates to conspiracy to defraud.[11]
See article 11 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))
See also
- Conspiracy (criminal)
References
- ^ [1975] AC 910
- ^ Herring (2008) p.809
- ^ [1985] AC 975
- ^ Herring (2008) p.811
- ^ Scott v Metropolitan Police Commissioner [1975] AC 819, [1974] 3 All ER 1032, HL
- ^ The Criminal Law Act 1977, section 5(2)
- ^ "Criminal Justice Act 1987".
- ^ This was the effect of section 5(2) of the Criminal Law Act 1977. The relevant words were repealed by section 12(2) of the Criminal Justice Act 1987. The repeal does not apply to "things done" before 20 July 1987: The Criminal Justice Act 1987 (Commencement No. 1) Order 1987 (S.I. 1987/1061), article 2(3).
- Criminal Justice Act 1987, section 12(3)
- ^ The Criminal Justice Act 1993, section 1(3)(b)
- ^ The Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13)), article 13(2)
Bibliography
- Law Commission Report No 228 "Conspiracy To Defraud" (1994)
- Smith, J. C. "Some Comments On The Law Commission's Report" (1995) CLR 209.
- Clarkson, C.M.V.; Keating, H.M.; Cunningham, S.R. (2007). Clarkson and Keating Criminal Law: Text and Materials (6th ed.). ISBN 978-0-421-94780-1.
- Herring, Jonathan (2008). Criminal Law: Text, Cases and Materials (3rd ed.). ISBN 978-0-19-923432-5.
- Crown Prosecution Service. Sentencing Manual - Conspiracy to Defraud (Common Law)
- Her Majesty's Attorney General. Guidance on Use of the common law offence of Conspiracy to Defraud January 2007.