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Conspiracy to defraud

December 31, 2022

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 Lord Dilhorne in Scott v Metropolitan Police Commissioner,[1] when he said that

it is clearly the law that an agreement by two or more by dishonesty to deprive a person of something which is his or to which he is or would be entitled and an agreement by two or more by dishonesty to injure some proprietary right of his, suffices to constitute the offence of conspiracy to defraud.[2]

Conspiracy to defraud therefore contains two key elements; that the conspiracy involved dishonesty, and that if the conspiracy was undertaken, the victim's property rights would be harmed. This does not require the defendants' actions to directly result in the fraud; in R v Hollinshead,[3] the House of Lords held that producing devices designed to alter electricity meter readings constituted conspiracy to defraud, even though the actual fraud would be carried out by members of the public rather than the conspirators. In two situations, it will not even be necessary for the actions to directly lead to any kind of financial loss for the victim; these are when the conspirators plan to deceive a person holding public office into acting counter to their duties, and when the conspirators know that their actions put the victim's property at risk, even if the risk never materialises.[4]

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 LT 301, (1892) 56 JP 683, (1892) 8 TLR 325, (1892) 17 Cox 492
  • R v Quinn (1898) 19 Cox 78
  • R v Boyle and Mears, 94 Cr App R 158, CA

Although most frauds are crimes, it is irrelevant for these purposes whether the agreement would amount to a crime if carried out. If the victim has suffered of any financial or other prejudice there of, there is no need to establish that the defendant deceived him or her. But, following Scott v Metropolitan Police Commissioner (1974) 3 All ER 1032, it is necessary to prove that the victim was dishonestly deceived by one or more of the parties to the agreement into running an economic risk that he or she would not otherwise have run, if the victim has not suffered any loss. For the mens rea, it is necessary to prove that "the purpose of the conspirators (was) to cause the victim economic loss" (per Lord Diplock in Scott). For the test of dishonesty, see R v Ghosh (1982) 2 All ER 689.

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 Criminal Justice Act 1987 provides that:

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 WLR 355, 72 Cr App R 237, [1981] 1 All ER 1172, [1981] Crim LR 326, 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

References

  1. ^ [1975] AC 910
  2. ^ Herring (2008) p.809
  3. ^ [1985] AC 975
  4. ^ Herring (2008) p.811
  5. ^ Scott v Metropolitan Police Commissioner [1975] AC 819, [1974] 3 All ER 1032, HL
  6. ^ The Criminal Law Act 1977, section 5(2)
  7. ^ "Criminal Justice Act 1987".
  8. ^ 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).
  9. ^ The Criminal Justice Act 1987, section 12(3)
  10. ^ The Criminal Justice Act 1993, section 1(3)(b)
  11. ^ 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.). Sweet & Maxwell. ISBN 978-0-421-94780-1.
  • Herring, Jonathan (2008). Criminal Law: Text, Cases and Materials (3rd ed.). Oxford University Press. ISBN 978-0-19-923432-5.
  • Crown Prosecution Service.
  • Her Majesty's Attorney General. Guidance on Use of the common law offence of Conspiracy to Defraud January 2007.


December 31, 2022
conspiracy, defraud, offence, under, common, england, wales, northern, ireland, contents, england, wales, relationship, statutory, conspiracy, incitement, conspire, indictment, mode, trial, sentence, jurisdiction, northern, ireland, also, references, bibliogra. Conspiracy to defraud is an offence under the common law of England and Wales and Northern Ireland Contents 1 England and Wales 1 1 Relationship to statutory conspiracy etc 1 2 Incitement to conspire 1 3 Indictment 1 4 Mode of trial and sentence 1 5 Jurisdiction 2 Northern Ireland 3 See also 4 References 4 1 BibliographyEngland and Wales EditThe standard definition of a conspiracy to defraud was provided by Lord Dilhorne in Scott v Metropolitan Police Commissioner 1 when he said thatit is clearly the law that an agreement by two or more by dishonesty to deprive a person of something which is his or to which he is or would be entitled and an agreement by two or more by dishonesty to injure some proprietary right of his suffices to constitute the offence of conspiracy to defraud 2 Conspiracy to defraud therefore contains two key elements that the conspiracy involved dishonesty and that if the conspiracy was undertaken the victim s property rights would be harmed This does not require the defendants actions to directly result in the fraud in R v Hollinshead 3 the House of Lords held that producing devices designed to alter electricity meter readings constituted conspiracy to defraud even though the actual fraud would be carried out by members of the public rather than the conspirators In two situations it will not even be necessary for the actions to directly lead to any kind of financial loss for the victim these are when the conspirators plan to deceive a person holding public office into acting counter to their duties and when the conspirators know that their actions put the victim s property at risk even if the risk never materialises 4 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 LT 301 1892 56 JP 683 1892 8 TLR 325 1892 17 Cox 492 R v Quinn 1898 19 Cox 78 R v Boyle and Mears 94 Cr App R 158 CAAlthough most frauds are crimes it is irrelevant for these purposes whether the agreement would amount to a crime if carried out If the victim has suffered of any financial or other prejudice there of there is no need to establish that the defendant deceived him or her But following Scott v Metropolitan Police Commissioner 1974 3 All ER 1032 it is necessary to prove that the victim was dishonestly deceived by one or more of the parties to the agreement into running an economic risk that he or she would not otherwise have run if the victim has not suffered any loss For the mens rea it is necessary to prove that the purpose of the conspirators was to cause the victim economic loss per Lord Diplock in Scott For the test of dishonesty see R v Ghosh 1982 2 All ER 689 Relationship to statutory conspiracy etc Edit 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 Criminal Justice Act 1987 provides that 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 HistoryBefore 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 Edit See section 5 7 of the Criminal Law Act 1977 Indictment Edit See the following cases R v Landy and others 1981 1 WLR 355 72 Cr App R 237 1981 1 All ER 1172 1981 Crim LR 326 CA R v Cohen and others The Independent 29 July 1992 CAHistoryThe 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 Edit 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 Edit 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 174Northern Ireland EditArticle 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 EditConspiracy criminal References Edit 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 The 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 Edit 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 Sweet amp Maxwell ISBN 978 0 421 94780 1 Herring Jonathan 2008 Criminal Law Text Cases and Materials 3rd ed Oxford University Press 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 Retrieved from https en wikipedia org w index php title Conspiracy to defraud amp oldid 1019996392, wikipedia, wiki, book, books, library,

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