The defendant went to his solicitor, who was also an agent of a building society, to raise a mortgage to purchase a house. The defendant gave false details in the form which was intended to induce the building society to make an advance. He signed the document. He was charged with dishonestly attempting to obtain from the building society a service, namely a mortgage advance, by deception. He was convicted.
Held: His conviction was quashed. A mortgage advance cannot be described as a service. A mortgage advance is the lending of money for property and can properly be charged under section 15 of the 1968 Act, if the facts support it. The services which the defendant was alleged to have obtained, or to have attempted to obtain, were respectively the opening of a savings account; a mortgage advance: and the increase of an apparent credit balance in a savings account.
Citations:
[1983] Crim LR 624
Statutes:
Jurisdiction:
England and Wales
Cited by:
Distinguished – Regina v Widdowson CACD 1986
The defendant made dishonest representations in a document which might, at a later stage, have led to a hire purchase agreement.
Held: Obtaining a hire purchase agreement can amount to the obtaining of services. Halai held that a mortgage . .
Per incuriam – Regina v Teong Sun Chuah CACD 1991
. .
Cited – Regina v Cooke CACD 2-Dec-1996
The defendant had been convicted upon his admission, and sentenced a later decision in another case indicated that the basis of his plea might be wrong. He sought permission to apply for leave to appeal out of time.
Held: Leave to appeal was . .
Not followed – Regina v Naviede CACD 21-Mar-1997
The defendant appealed from his conviction for dishonesty. He said that he should have allowed hi to represent himself as to certain aspect of his case, but to have legal representation for others.
Held: The judge was right to reject such a . .
Cited – Sofroniou v Regina CACD 18-Dec-2003
The defendant appealed conviction on charges of obtaining services by deception under the section. He had obtained a credit card dishonestly and operated bank accounts dishonestly over a period of time.
Held: His acts could constitute the . .
Cited – Smith (Wallace Duncan), Regina v (No 4) CACD 17-Mar-2004
The defendant appealed convictions for fraudulent trading and obtaining property by deception, saying that the English court could not prosecute an offence committed principally in the US.
Held: Provided some substantial element (here the . .
Cited – Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals) HL 10-Jul-1996
The appellants were said to have made false mortgage applications. They appealed convictions for dishonestly obtaining property by deception.
Held: A chose in action created by an electronic bank transfer was not property which was capable of . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 01 April 2022; Ref: scu.183258