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Obtaining a Pecuniary Advantage by Deception

Date produced: January 2012
Title: Fraud
Offence: Obtaining a Pecuniary Advantage by Deception
Legislation: Section 16 Theft Act 1968

Commencement date: Now repealed, see below
Mode of Trial: Either way
Statutory Limitations & Maximum Penalty: 5 years imprisonment.
Note: This offence was repealed by the Fraud Act 2006 which came into force on the 15th January 2007; this offence should only be charged where the conduct pre dates the new offences under the Fraud Act.

Aggravating and Mitigating Factors

  • The amount involved
  • The use to which money was put (spending on luxuries more venal than on necessities)
  • Breach of position trust, such as by employee, director or trustee
  • Extent of Loss - Intended and Actual
  • Extent of Gain - Intended and Actual
  • The period over which and the persistence with which the fraud was carried out
  • Guilty Plea
  • Voluntary repayment especially if prior to detection
  • Personal factors such as illness, disability, family difficulties, etc

Relevant Sentencing Council Guideline (if any)

Take guidance from the SGC Definitive Guideline on Fraud

Relevant sentencing Guidelines (If any)

None

Relevant Sentencing Case Law

None

Ancillary Orders

  • Compensation
  • Confiscation
  • POCA - Archbold 5-1053 R v Carter, Kulish and Lyashkov [2006], but also criticism in certain circumstances in repaying wages that were 'earned' R v PAULET [2010] 1 Cr App R (S) 82.
  • Forfeiture orders
  • Financial reporting orders

Consider Also

  • Fraud offences and offences under the Identity Documents Act 2010.

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