Obtaining Services Dishonestly
Date produced: 17 March 2008
Title:Theft
Offence:Obtaining Services Dishonestly
Legislation: S11 Fraud Act 2006
Commencement date: 15/1/07
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: 5 years
Aggravating and Mitigating Factors
- Nature of dishonest act
- Nature and value of service obtained
- Individual rather then institution targeted
- Elderly or vulnerable victim
- Extent of loss - intended or actual
- Extent of gain - intended or actual
- Repeated Offending
- Sophisticated Offending
- Professional Hallmarks
Relevant sentencing Guidelines
None but see previous authorities under the Theft Act.
Relevant Sentencing Case Law
None but see previous case law under the Theft Act.
R v Aeewuyi [1997] 1 Cr.App.R.(S.) 254
Benefits:
Convicted of 10 offences of theft and five of obtaining services by deception. The defendant obtained £100K in benefits over a ten year period using different names. 4 years.
R v Foster (1994) 15 Cr.App.R.(S.) 340
Taxi Bilking:
Convicted of four counts of making off without payment. The appellant on four occasions engaged taxis to take him on trips resulting in fares between £37 and £63, and disappeared without paying. Numerous previous convictions for dishonesty. Committed quite deliberately as part of planned expeditions, involving dishonesty, bringing loss and inconvenience to the taxi drivers. 3 months.
R v Dekson [2005] 1 Cr.App.R.(S.) 114
Large scale fraud
Convicted of conspiracy to defraud or obtaining services by deception and having a false instrument. The defendants obtained £1.7 million through a Nigerian advance fee fraud. "We think that this category of case is a special category of case made so by its very prevalence. It involved, as the judge said also, a high degree of skill, psychological insight and organisation using, as the present instances show, numbers of other people over quite considerable periods of time. We think that a deterrent element has some role to play in sentencing in relation to this type of offence." 6 years + 18 months. Total 8 1/2 years.
R v De Beer [1997] 1 Cr.App.R.(S.) 97
Commercial lease agreement
Pleaded guilty to six counts of obtaining by deception, one of obtaining services by deception, and three of obtaining credit while an undischarged bankrupt. Over a five year period he defendant obtained £1.3 million loans to purchase non-existent equipment and committed a £500K mortgage fraud. 5 years.
Hussain [2002] EWCA CRIM 2324
12 months' imprisonment upheld for offences of obtaining services by deception and procuring the execution of a valuable security by deception which had involved total losses to financial institutions of GBP 95,000. H argued that the sentence should have been suspended in light of serious medical problems suffered by his children. R v Kefford (Mark James) [2002] EWCA Crim 519 considered.
R v Lindiwe Mutede [2005] EWCA Crim 3208
Passport
The defendant, who had a genuine passport, pleaded guilty to obtaining the false immigration letters and false national insurance card to enable her to work in the United Kingdom. The guideline case of Kolawole was primarily concerned with cases falling within the Forgery and Counterfeiting Act 1981, where false passports were used. In the Court's view it was necessary to distinguish between using a false passport to obtain entry into the country, or to remain, and using false immigration letters to obtain work. 6 months.
Ancillary Orders
- Compensation Orders: (5-411)
- Deprivation Orders: (5-439)
- Disqualification from acting as a Company Director: (5-851)
- Financial Reporting Orders: (5-886c)
Consider Also
- POCA
Links
Archbold 21-403
Return to the Sentencing Manual index
