Offences against Property - Cheating

Question 1

S 415 PC

Cheating

Answer 1

1. Fraudulently or dishonestly induce any person.

2. Act or omission causes or is likely to cause damage or harm to any person in body, mind, reputation or property.

Question 2

S 420 PC

Cheating - Delivery of property

Answer 2

1. Fraudulently or dishonestly induce any person.
2. Concerns a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security.

Question 3

S 30 PC

Valuable Security

Answer 3

A document which is, or purports to be, a document whereby any legal right is created.

E.g. credit cards, charge cards, ATM cards, cards which have money or money’s worth or other financial rights attached.

Question 4

S 25 PC

Fraudulently

Answer 4

Intent to defraud, but not otherwise.

Question 5

1. Dishonesty or fraudulent inducement:

Seaward v PP [1994] 3 SLR(R) 89

Answer 5

Dishonesty: Both the elements of wrongful gain and wrongful loss need not be present in each case.

Inducement: There can be no offence of cheating unless there’s deception operating on V’s mind, and by reason of that deception, he is induced to part with property.

Question 6

1. Dishonesty or fraudulent inducement:
   Gunasegeram s/o Pavadaisamy v PP [1999] 2 SLR (R) 946
   Facts?

Answer 6

D agreed with V on price for a 2nd hand car. V paid and was told by D that the transfer would be effected in his name. Car was never transferred. V asked for the log book repeatedly but D kept delaying. D confessed to having borrowed some money using the log book. V was told that D’s partner absconded with the money that V paid for the car. Later, car was towed away bc of arrears from loan interest; V realised his car had been mortgaged to ESH and his signature had been forged to obtain the loan.

Held: Sentence extended.

Question 7

1. Dishonesty or fraudulent inducement:
   Gunasegeram s/o Pavadaisamy v PP [1999] 2 SLR (R) 946
   Intention of S 420 PC?

Answer 7

Protection of innocent parties against being cheated by unscrupulous persons.

Question 8

1. Dishonesty or fraudulent inducement:
   Gunasegeram s/o Pavadaisamy v PP [1999] 2 SLR (R) 946
   Requirements for offence?

(S 420 read with S 415)

Answer 8

1. V must be deceived. Deception must have been practiced on V.
   - Deception has to be looked at in totality rather than as an isolated event.
2. Inducement such that V delivered any property to any person.
   - Inducement may be express or inferred from circumstances, no need oral.
   - Property delivered need not belong to V / property need not be delivered to deceiver.
   - Inducement need not be the sole or main reason for the delivery of the property [Seaward].
   - Must be causal link between deception and delivery of the property.
3. Dishonest or fraudulent intention on the part of D to induce V.
   - MR of the offence
   - D’s actions before V handed over the money for the car had to be construed tgt with D’s actions after the car had been sold.

Question 9

1. Dishonesty or fraudulent inducement:

Rahj Kamal bin Abdullah v PP [1997] 3 SLR 227

Answer 9

D came up with fraudulent scheme to obtain loans from Vs.

Held: Elements of s420 PC offence were made out.

There was deception. Such misrepresentation can be made by way of words, acts, and even omissions.

Inducement to deliver property to any person satisfied.

Dishonest intention: Distinction between a case of mere breach of contract and one of cheating depends on whether at the time of the agreement there was an intention on the part of D to carry out the terms of the agreement.

Question 10

2 Levels of Criminality for Cheating:

Chua Kian Kok v PP [1999] 1 SLR(R) 626

Answer 10

(1) Deception by fraudulently or dishonestly inducing a person so deceived to deliver property.
(2) Deception by intentionally inducing the person deceived to do/omit to do anything which he would not have done but for the deception.

Question 11

Fraudulently or intention to defraud:

Seet Soon Suan v PP [1955] MLJ 223

Answer 11

D convicted of fraudulently using as genuine a 1953 Police Diary – offence punishable under s465 and 471 PC. D used the false diary to bolster his defence in disciplinary proceedings.

Held: Person acts fraudulently/ with intention to defraud if he acts with the intention that some person be deceived and by means of such deception, either an advantage should accrue to him or injury/loss/detriment should befall some other person(s).

But loss or injury not a necessary element in fraud; it is sufficient to show intent to obtain an advantage by deception; not necessary to establish intent to cause loss or risk of loss.

Acquisition / Deprivation of property NOT an essential ingredient of intent to defraud.

Question 12

Fraudulently or intention to defraud:

PP v Li Weiming and Others [2012] 2 SLR 393, CA

Answer 12

Ds charged with conspiracy to falsify accounts under s477A PC. Alleged that invoice given from company QZ to ZTE falsely purported to seek payment to QZ as a subcontractor under a fictitious subcontract.

Held: “Intent to defraud” should not be analysed as though “general intent” and “specific intent” are technical binary, independent MR requirements / legal categories of intent. Not helpful.

Possible for person to carry out act with intent to defraud by practicing a deception with the aim of causing an injury/loss/detriment or obtaining an advantage, even if indifferent as to whom the object of his fraudulent intent is.