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Atlaw,cheating is a specificcriminal offence relating toproperty.
Historically, to cheat was to commit amisdemeanour atcommon law (called "summary offense" in some jurisdictions). However, in mostjurisdictions, the offence has now been codified into statute.[1]
In most cases the codified statutory form of cheating and the original common law offence are very similar, but there can be differences. For example, underEnglish law it was held inR v Sinclair[2] 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".[3]
Examples of cheating upheld by the courts have included fraudulently pretending to have power to discharge a soldier,[4] using false weights or measures,[5] and playing with false dice.[6]
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 inStephen's Criminal Digest[7][8] is regarded as fairly comprehensive, and is cited as an authoritative definition byStroud's Judicial Dictionary.
Every one commits the misdemeanour called cheating who fraudulently obtains the property of another by any deceitful practice not amounting tofelony, 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.[9]
A number of jurisdictions also have statutory offences relating to cheating ingambling. See for example section 42(3) of theGambling Act 2005.
The common law offence of cheating was abolished, except as regards offences relating to thepublic revenue, by section 32(1)(a) of theTheft Act 1968.
William Harkins said that "all frauds affecting the Crown and public at large are indictable as cheats at common law".[10] This passage was cited inR v Mulligan.[11]
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.[12]
The following cases are also relevant:
SeeR v Regan,[17]Attorney General's References (Nos. 88, 89, 90 and 91 of 2006), andR v Meehan and others.[18][further explanation needed]
This offence was formally created by section 17 of theGaming Act 1845. The current English legislation on cheating in betting is found in s. 42Gambling Act 2005.
In section 25 of theTheft Act 1968, the word "cheat" meant an offence under section 15 of that Act.[19] The said section 15 created the offence ofobtaining property by deception. TheFraud Act 2006 replaced these offences with new ones using different terminology.
James Fitzjames Stephen, A Digest of the Criminal Law 9th ed. (Sweet & Maxwell:London, 1950, 362)
Part of thecommon law series | ||
| Classes of crimes |  | |
| Inchoate offences | ||
| Defences | ||
| Offences against the person or state | ||
| Sexual offences | ||
| Criminal libel and kindred offences | ||
| Offences against property | ||
| Forgery, personation and cheating | ||
| Offences against justice | ||
| Death against family honour | ||
| Criminal behaviour |
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