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Words: | Submitted: Tue Feb 10 2004
... is similar, however the second element of it refers to pecuniary advantages rather than services, which include borrowing by way of overdraft, taking out an insurance policy, and receiving the opportunity of remuneration in employment. Obtaining a pecuniary advantage by deception is covered under s.16 of the 1968 Act. The cases of Charles [1977] and Lambie [1982], confirmed that presentation of a bank card could be inferred as a representation that the person in possession of the card has authority to use it. In both cases it was held that if by the defendant's representation, the transaction was induced, there was deception, and the pecuniary advantage was dishonestly obtained, establishing mens rea. The advantage was pecuniary advantage was obtained by deception, establishing actus reus of the offence. In this case, Aslam had no authority to use the card as his account was closed. Therefore, he acted dishonestly to obtain a ...
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