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30 Dec

CRIMINAL LAW 2.3 CHEATING

TOPIC THREE: CHEATING.

Section 421 provides; any person who by a fraudulent trick or device obtains from another anything capable of being stolen or induces delivery OR causes a person to pay a greater sum or delivery of goods than that he would have gotten if not for the trick/device. The Section provides liability of 2 years/Misdemeanour.

A good example is R V Ogbonna where the accused used fake gold to obtain a loan. But the prosecution could not adduce sufficient evidence. Or again, if someone sells fake i-phone 7 to you at the price of a real one.

In R V  Lababedi; the accused presented false invoices to the customs officers which facilitated the release of his goods and the payment of a lesser fee than expected. It was held to be cheating. Although in my opinion, the offence of forgery would have been more appropriate.

It has been held that a mere false representation is not a trick…. Something must be gained/sought to have been gained by the representor.

 

Isochukwu

Quite eccentric really

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