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Cheating - Coggle Diagram
Cheating
Cheat by Personation
S.416 Penal Code:
- A person is said to "cheat by personation", if he cheats by pretending to be some other person, or
- by knowingly substituting one person for another, or
- representing that the or any other person is a person other than he or such other person really is
- Explanation - The offence is committed whether the individual personated is a real or imaginary person
S.417:
- Whoever cheats shall be punished with imprisonment for a term which may extend to 5 years or with a fine, or both
S.418:
- Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound either by law, or by a legal contract, to protect, shall be punished with imprisonment for a term which may extent to 7 years, or with a fine or both
S.419:
- Whoever cheats by personation shall be punished with imprisonment for a term which may extend to 7 years, or with a fine, or both
S.420:
- Whoever cheats and thereby dishonestly induces the person deceived, whether or not the deception practiced was the sole or main inducement,
- to deliver any property to any person, or
- to make, alter, or destroy the whole or any part of a valuable security or anything which is signed or sealed, and which is capable of being converted into valuable security,
- shall be punished with imprisonment for a term which shall not be less than 1 year and not more than 10 years and with whipping, and shall also be liable to fine
-
Cheating
S.415 Penal Code:
- Whoever by deceiving any person whether or not such deception was the sole or main inducement, -
- (a) fraudulently / dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property; or
- (b) Intentionally induces the person so deceived to do / omit to do anything which he would not do / omit to do if he were not so deceived and which act or omission causes or is likely to cause damage / harm to any person in body, mind, reputation or property
- Is said to "cheat"
S.415(a):
- Whoever by deceives any person...fraudulently or dishonestly induces the person so deceived;
- To deliver any property to any person, or
- To consent that any person shall retain any property
- Explanation 1 - A dishonest concealment of facts is a deception within the meaning of this section
- Explanation 3 - Whoever makes any representation through any person acting as an agent or otherwise, for him, shall be deemed to have made the representation himself
Low Cheng Swee v R [1941]:
- Facts: D was charged with cheating under S.420 Penal Code by dishonestly insuring his motor car with 2 insurance companies without disclosing to either of such companies the fact that he had insured it with another Company and by receiving from both companies moneys under the 2 policies
- Held: Before non-disclosure can be deemed to be dishonest, must be shown that the accused knew that each company's liability would be lessened by the fact which he failed to disclose and that non-disclosure will deceive and induce the company to act to its detriment.
Dishonestly, Fraudulently - S.24:
- Whoever does anything with the intention of causing wrongful gain to one person, or wrongful loss to another person, irrespective of whether the act causes actual wrongful loss/gain, is said to do that thing dishonestly
Section 25:
- A person is said to do a thing fraudulently if he does that thing with intend to defraud, but not otherwise
- A person acts fraudulently / with intent to defraud if he acts with intention that some person be deceived and by means of such deception that either an advantage should accrue to him / injury or detriment should befall other person / persons
Seet Soon Guan v PP [1955]:
- Facts: Appeal against the conviction and sentence of C on a charge of fraudulently using as genuine a official police diary (an offence punishable under ss.465 and 475 Penal Code). It was found in trial by the President of Sessions Court that C's police diary was a false document and he knew it was a false document to bolster up defence to disciplinary charges against him. Defence at trial was based on contention, that even assuming that C had knowingly made use of the diary in such situations as the prosecution allege for the purpose of getting himself out of trouble, it won't amount to a fraudulent user.
- Held: Appeal argued on correct meaning of term "fraudulently" in the Penal Code
Explanation 2:
- Mere breach of contract is not inself proof of an original fraudulent intent
Illustration (A):
- A, by falsely pretending to be in the Government service, intentionally deceives Z, and thus dishonesetly induces Z to let him have on credit gods for which he does not mean to pay. A cheats.
Illustration (G):
- A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of pepper which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats;
- But if A at the time of obtaining the money, intends to deliver the pepper, and oafterwards breaks his contract and does not deliver it, he does not cheat
S.415(b):
- Whoever by deceiving any person...intentionally induces the person so deceived to:
- Do anything which he would not do if he were not so deceived; or
- Omit to do anything which he would not omit to do if he were not so deceived, and
- Which act / omission causes or is likely to cause damage or harm to any person in body, mind, reputation, or property
Illustration (B):
- A, by putting a conterfeit mark on an article, intentionally deceives Z into belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.
Illustration (C):
- A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believing that the article corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article. A cheats.
Illustration (E):
- A, by pledging as diamonds articles which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats.
Illustration (F):
- A intentionally deceives Z into belief that A means to repay any money that Z may lend to him, and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats
Illustration (H):
- A intentionally deceives Z into a belief that A has performed A's part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money.
- Z was induced to do something "which he would not do if he were not so deceived"
Illustration (J):
- A, playing with false dice, or marked cards, wins money from B. A cheats