|Part of the common law series|
|Element (criminal law)|
|Scope of criminal liability|
|Seriousness of offense|
|Offence against the person|
|Crimes against property|
|Crimes against justice|
|Defences to liability|
|Other common law areas|
In most cases the codified statutory form of cheating and the original common law offence are very similar, however there can be differences. For example, under English law it was held in R. v. Sinclair that "[t]o cheat and defraud is to act with deliberate dishonesty to the prejudice of another person's proprietary right." However at common law a great deal of authority suggested that there had to be contrivance, such that the public were likely to be deceived and that "common prudence and caution are not sufficient security against a person being defrauded thereby".
In relation to the common law offence, no judicial definition of the offence was ever laid down, but the description of the offence set down in Stephen's Criminal Digest is regarded as fairly comprehensive, and is cited as an authoritative definition by Stroud's Judicial Dictionary.
|“||Every one commits the misdemeanour called cheating who fraudulently obtains the property of another by any deceitful practice not amounting to felony, which practice is of such a nature that it directly affects, or may directly affect, the public at large. But it is not cheating, within the meaning of this article, to deceive any person in any contract or private dealing by lies, unaccompanied by such practices as aforesaid.||”|
Other statutory uses
England and Wales
Cheating the public revenue
Prosecutions under the common law are still pursued in England and can result in heavy sentences – significantly in excess of the maximum available to the courts for corresponding statutory offences.
The following cases are also relevant:
Cheating at play
This offence was formerly created by section 17 of the Gaming Act 1845.
Going equipped for cheat
Before 15 January 2007, in section 25 of the Theft Act 1968, the word "cheat" meant an offence under section 15 of that Act. The said section 15 created the offence of obtaining property by deception.
References and notes
- In Florida cheating remains a criminal offence by virtue of Fla. Stat. § 775.01 which provides that English common law crimes are crimes in Florida, but a specific statutory penalty for cheating is supplied by Fla. Stat. § 817.29
- R. v. Sinclair  3 All 241
- Halsbury's Laws of England, 2nd ed., Vol IX, para 944 citing various older common law cases
- R. v. Serlested (1627) Lat 202
- R. v. Closs (1857) Dears & B 460
- R. v. Maddocke (1619) 2 Roll Rep 107
- Stephen's Criminal Digest, 9th Ed., 362
- William Hawkins. Treatise of Pleas of the Crown. Eighth Edition. Page 1322
- R. v. Mulligan  Crim LR 427
- David Winch, "17 Year sentence for VAT carousel fraud" (2012)
- R v Hudson,  2 QB 252,  2 WLR 914,  1 All ER 814, 40 Cr App R 55,  Crim LR 814
- R v Mavji,  2 All ER 758, 84 Cr App R 34,  Crim LR 39, CA
- R v Redford, 89 Cr App R 1,  Crim LR 152, CA
- R v Hunt,  Crim LR 747, CA
- R v Regan, 11 Cr App R (S) 15, CA
- R v Meehan and others,  All ER (D) 105
- Theft Act 1968, section 25(5)