Obtaining Services Dishonestly
Date produced: January 2012
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
When assessing offence seriousness, the court must consider the offender's culpability in committing the offence and any harm that the offence caused, was intended to cause, or might foreseeably have caused. Key considerations are the degree of planning, the determination with which the offender carried out the offence and the value of the money or property involved.
Relevant Sentencing Council Guideline (if any)
The SGC guideline on Fraud, specifically excludes offences under section 11 indicating instead that since the offence could be committed in circumstances that otherwise could be charged as an offence contrary to section 1 of the Act or may be more akin to making off without payment. In those circumstances the SGC intends courts to approach as follows:
- where it involves conduct which can be characterised as a fraud offence (such as obtaining credit through fraud or payment card fraud), the court should apply the guideline for the relevant type of fraud; [Please see the associated guideline for the closest matching fraud offence]
- where the conduct could be characterised as making off without payment the guideline for that offence should be used.[see below]
Relevant sentencing Guidelines (If any)
Magistrates Sentencing Guideline on Making off Without Payment
(NB max is 2 years on indictment for this offence, whereas 5 years is max for section 11 offence)
Examples of nature of activity:
Single offence committed by an offender acting alone with evidence of little or no planning, goods or services worth less than £200
S P - first time offender pleading NG:
BAND C Fine
Range:
BAND A fine to High Level CO
Examples of nature of activity:
Offence displaying one or more of the following:
- offender acting in unison with others
- evidence of planning
- offence part of a 'spree'
- intimidation of victim
- goods or services worth £200 or more
S P - first time offender pleading NG:
Medium level community order
Range:
Low level community order to 12 weeks custody
Relevant Sentencing Case Law
Benefits:
R v ADEWUYI [1997] 1 Cr.App.R.(S.) 254
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.
Taxi Bilking:
R v FOSTER (1994) 15 Cr.App.R.(S.) 340
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.
Large scale fraud:
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 £95,000
Ancillary Orders
- Compensation
- Confiscation
- POCA
- Forfeiture orders
- A Serious Crime Prevention Order [Archbold 5-1168] in Crown Court
Consider Also
- The Fraud Act does not define 'services' and is likely to include all those benefits that had been within the definition in the Theft Act 1968, eg loans, credit cards, hire purchase agreements etc
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