{"id":1114,"date":"2021-07-04T21:56:11","date_gmt":"2021-07-04T21:56:11","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1114"},"modified":"2024-03-19T23:28:16","modified_gmt":"2024-03-19T23:28:16","slug":"offences-of-dishonesty","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/offences-of-dishonesty\/","title":{"rendered":"Offences of Dishonesty"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/offences-of-dishonesty\/#Deception\" title=\"Deception\">Deception<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/offences-of-dishonesty\/#Obtaining_services_by_deception\" title=\"Obtaining services by deception,\">Obtaining services by deception,<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/offences-of-dishonesty\/#Making_off_without_payment\" title=\"Making off without payment\">Making off without payment<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/offences-of-dishonesty\/#Power_of_Arrest\" title=\"Power of Arrest\">Power of Arrest<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/offences-of-dishonesty\/#Conspiracy_to_Defraud\" title=\"Conspiracy to Defraud\">Conspiracy to Defraud<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/offences-of-dishonesty\/#Taking_Vehicle_Without_Consent\" title=\"Taking Vehicle Without Consent\">Taking Vehicle Without Consent<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/offences-of-dishonesty\/#Abstraction_of_Utilities\" title=\"Abstraction of Utilities\">Abstraction of Utilities<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/offences-of-dishonesty\/2\/#CRIMINAL_JUSTICE_THEFT_AND_FRAUD_OFFENCES_ACT_2001\" title=\"CRIMINAL JUSTICE (THEFT AND FRAUD OFFENCES) ACT 2001\">CRIMINAL JUSTICE (THEFT AND FRAUD OFFENCES) ACT 2001<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/offences-of-dishonesty\/2\/#Interpretation_general\" title=\"Interpretation (general).\">Interpretation (general).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/offences-of-dishonesty\/2\/#Theft\" title=\"Theft.\">Theft.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/offences-of-dishonesty\/2\/#Exceptions_to_theft\" title=\"Exceptions to theft.\">Exceptions to theft.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/offences-of-dishonesty\/2\/#Making_gain_or_causing_loss_by_deception\" title=\"Making gain or causing loss by deception.\">Making gain or causing loss by deception.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/offences-of-dishonesty\/2\/#Obtaining_services_by_deception-2\" title=\"Obtaining services by deception.\">Obtaining services by deception.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/offences-of-dishonesty\/2\/#Making_off_without_payment-2\" title=\"Making off without payment.\">Making off without payment.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/offences-of-dishonesty\/2\/#Unlawful_use_of_computer\" title=\"Unlawful use of computer.\">Unlawful use of computer.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/offences-of-dishonesty\/2\/#False_accounting\" title=\"False accounting.\">False accounting.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/offences-of-dishonesty\/2\/#Suppression_etc_of_documents\" title=\"Suppression, etc., of documents.\">Suppression, etc., of documents.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/offences-of-dishonesty\/2\/#Burglary\" title=\"Burglary.\">Burglary.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/offences-of-dishonesty\/2\/#Aggravated_burglary\" title=\"Aggravated burglary.\">Aggravated burglary.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/offences-of-dishonesty\/2\/#Robbery\" title=\"Robbery.\">Robbery.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/offences-of-dishonesty\/2\/#Possession_of_certain_articles\" title=\"Possession of certain articles.\">Possession of certain articles.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Deception\"><\/span>Deception<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>\u201cDishonesty\u201d for the purpose of deception is similar to that in respect of theft.\u00a0 Where a person does something in the honest belief such as drawing a cheque in the absence of funds, there would be no dishonesty if he believes that he has funds.\u00a0 On the other hand, if a person draws funds on a cheque that he knows he cannot be meet but with an intention of paying it back some day this is likely to constitute deception.<\/p>\n<p>Deception may arise by creating a false impression.\u00a0 This may be actively created or may arise by failure to correct the false impression. A person may create a false impression as to his means and status by his getup and appearance.<\/p>\n<p>Deception may be committed by obtaining benefits from public authorities by false means. It may be committed by procuring work that is in fact unnecessary, on the basis of false representations as to its necessity.<\/p>\n<p>False representations and actions giving a false impression, are more likely to constitute deception, where there is a relationship of trust. Where there is a confidential or a fiduciary relationship there would be a greater obligation to correct a false impression.<\/p>\n<p>Another must be induced to door induced to refrain from doing something.\u00a0 The essence of deception is that another is caused to act in a way in which he would not have acted, but for the deception.\u00a0 The deception must be undertaken to a person rather than a machine.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Obtaining_services_by_deception\"><\/span>Obtaining services by deception,<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The services may be for the accused or a third party.\u00a0 The deception must cause the victim to provide the services, typically on the understanding that payment will be forthcoming from the accused.<\/p>\n<p>The legislation provides that a person obtains services by deception where another is induced to make a loan on the understanding that repayment will be or has been made in respect of the loan.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Making_off_without_payment\"><\/span>Making off without payment<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The person must know that payment on the spot is required. If the transaction is of a type that is normally funded on credit, the offence could not be committed. In many businesses, such as retail or accommodation services, payment on the spot will be required. There must be an intention to avoid payment on the spot.<\/p>\n<p>A payment may be a cash payment or payment by credit card or check. It is required that the person makes off from the spot from where payment is required.\u00a0 A person may attempt to make off without payment.<\/p>\n<p>Cases have arisen where a person has refused to pay and an attempt is made to arrest him.\u00a0 In such a situation, the offence of attempting to make off without payment may be committed. It may be held that the intention not to pay remains, until a later time when he takes off without successful arrest.<\/p>\n<p>The offence is not committed here the supply of goods or services is unlawful in itself. This may arise if the goods are illegal such as in the case of drugs.\u00a0 It also applies where the payment is not legally enforceable as in the case of a child&#8217;s undertaking.\u00a0 Similarly, if there has been a breach of contract, payment is not lawfully due so the crime cannot be committed.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Power_of_Arrest\"><\/span>Power of Arrest<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Any person may arrest without warrant, a person who is, or whom he, with reasonable cause suspects to be in the act of committing the offence of deception. Where a member of Garda S\u00edoch\u00e1na with reasonable cause suspects that such an offence has been committed, he or she may arrest without warrant any person whom he with reasonable cause, suspects to be guilty.<\/p>\n<p>An arrest by a person other than a member of the Garda S\u00edoch\u00e1na may be effected, only where the person with reasonable cause, suspects that the person to be arrested would otherwise attempt to avoid arrest by a member of Garda S\u00edoch\u00e1na.\u00a0 The arrested person must be transferred to the custody of a member of Garda S\u00edoch\u00e1na as soon as practicable.<\/p>\n<p>The special power of arrest is necessary because the offence is subject to imprisonment up to two years and indictment and\/or fine up to \u20ac3000; less than the threshold for an arrestable offence<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Conspiracy_to_Defraud\"><\/span>Conspiracy to Defraud<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Conspiracy to defraud is a crime at common law.\u00a0 There must be a conspiracy to dishonestly deprive a person of something.<\/p>\n<p>It may consist of an agreement to commit an unlawful act. Even if the unlawful act is not of itself a criminal offence, it appears that it may be enough if the conduct involves a false representation or is dishonest.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Taking_Vehicle_Without_Consent\"><\/span>Taking Vehicle Without Consent<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Motor vehicles may be stolen in the normal way.\u00a0 Unlike the previous law, the intention (only) of temporarily depriving the owner of possession suffices.\u00a0 This differs from the earlier law which did not cover the temporary taking of vehicles such as by way of joyriding.<\/p>\n<p>There is a special offence under the Road Traffic Act of taking a mechanically propelled vehicle without the consent of the owner or other lawful authority.\u00a0 It is an offence to allow oneself to be carried in such a vehicle if one is aware of the taking without consent.\u00a0 The offence may be committed by use or taking possession of the vehicle.\u00a0 The vehicle need not necessarily be driven if it is taken under the control of the persons concerned. An honest belief of consent would be a good defence.<\/p>\n<p>A member of an Garda S\u00edoch\u00e1na may arrest a person who, he believes on reasonable grounds to be committing an offence under this provision.\u00a0 Where a person is tried for theft of a public vehicle, either in the District Court or an indictment, this offence may be charged and\/ or found in the alternative.<\/p>\n<p>It is an offence without lawful authority or reasonable cause, to interfere or attempt to interfere with the mechanism of a mechanically propelled vehicle while it is stationary in a public place and to get into or attempt to get on or into a vehicle while it is so stationary.\u00a0 The offence is subject on summary conviction to a fine of \u20ac1,500 or three months&#8217; imprisonment.\u00a0 A member of an Garda S\u00edoch\u00e1na may arrest a person whom he believes unreasonable grounds to be committing an offence under the section.<\/p>\n<p>The provision does not apply to a person taking, in relation to a mechanically propelled vehicle which is obstructing his entry or exit to or from any place, such steps as are reasonably necessary to remove the vehicle, by human propulsion sufficient to end the obstruction.\u00a0 It is defence to show that the person believes on reasonable grounds that he has the requisite authority.<\/p>\n<p>It is an offence to unlawfully seize by force or threat, control of a vehicle or compel or induce or some person to use it for unlawful purposes.\u00a0 This provision applies to aircraft ships and hovercrafts.\u00a0 The offence is subject on conviction on indictment to up to 15 years&#8217; imprisonment.\u00a0 The offence constitutes what is commonly called hijacking.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Abstraction_of_Utilities\"><\/span>Abstraction of Utilities<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are special provisions in relation to the unlawful abstraction of electricity.\u00a0 Electricity is not property.\u00a0 Gases and water are property for the purpose of theft.<\/p>\n<p>A person who dishonestly uses or causes to be used wasted or diverts any gas or electricity is guilty of an offence.\u00a0 It is the defence that this was done witha\u00a0 bona fide claim of legal right.<\/p>\n<p>A person who interferes with an article owned or controlled by the gas or electricity authorities or providers is guilty of an offence. \u00a0\u00a0There are presumptions regarding tampering with meters or diverting gas electricity etc.\u00a0 There are presumptions where the alteration or interference can be proved to have taken place in circumstances where the defendant \/accused was in control and occupation of the premises at the time.<\/p>\n<p>Interference includes changing the meter or preventing its proper registry of output. A person who manufacturers, imports, sells, offers to sell or supplies without lawful authority devices advises to affect or alter meters to prevent their proper registration is guilty of an offence.<\/p>\n<p>A user of gas or electricity who has reasonable grounds for believing a meter is not properly registering by reason of having been unlawfully interfered with must reasonable steps to ensure the interference is discontinued.\u00a0 Failure to do so is an offence.<\/p>\n<p>The offence is subject on conviction to \u00a0a fine of up to \u00a31500 and imprisonment of up to 12 months or an indictment fine of up to \u00a0\u00a320,000 or five years or both.\u00a0 This applies to the above offences other than the failure to prevent interference.\u00a0 This latter offence is subject on summary conviction to a fine of up to \u20ac625 or three months&#8217; imprisonment.\u00a0 In addition, the court may order the consumer to pay sums for the gas or electricity unlawfully obtained.<\/p>\n<p><!--nextpage--><\/p>\n<p>&nbsp;<\/p>\n<h2>CRIMINAL JUSTICE (THEFT AND FRAUD OFFENCES) ACT 2001<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 1 November 2023<\/p>\n<p>AN ACT TO AMEND THE LAW RELATING TO STEALING AND RELATED OFFENCES AND THEIR INVESTIGATION AND TRIAL; TO GIVE THE FORCE OF LAW TO PROVISIONS OF THE CONVENTION ON THE PROTECTION OF THE EUROPEAN COMMUNITIES&#8217; FINANCIAL INTERESTS DONE AT BRUSSELS ON 26 JULY 1995 AND THE THREE PROTOCOLS TO THAT CONVENTION; AND TO PROVIDE FOR CONSEQUENTIAL AND RELATED MATTERS. [19th December, 2001]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>PART 1<\/p>\n<p>Preliminary<\/p>\n<p>Short title and commencement.<\/p>\n<p>1.\u2014(1) This Act may be cited as the Criminal Justice (Theft and Fraud Offences) Act, 2001.<\/p>\n<p>(2) Subject to subsection (3), this Act shall come into operation on such day or days as may be appointed by order or orders made by the Minister, either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions of this Act.<\/p>\n<p>(3) Parts 5 and 7 and sections 23, 53, 58 and 60(1) shall come into operation on the passing of this Act.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nPower pursuant to subs. (2) exercised (1.08.2011) by Criminal Justice (Theft and Fraud Offences) Act 2001 (Commencement) Order 2011 (S.I. No. 394 of 2011).<\/p>\n<p>2. The 1st day of August 2011 is appointed as the day on which section 57 of the Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50 of 2001) shall come into operation.<\/p>\n<p>E2<br \/>\nPower pursuant to subs. (2) exercised (1.08.2002) by Criminal Justice (Theft and Fraud Offences) Act 2001 (Commencement) Order 2002 (S.I. No. 252 of 2002).<\/p>\n<p>The 1st day of August 2002 is fixed as the day on which the remaining provisions (other than section 57) of the Criminal Justice (Theft and Fraud Offences) Act 2001 shall come into operation, that is to say:<\/p>\n<p>(a) Parts 1, 2, 4 and 6, and<\/p>\n<p>(b) section 16 to 22, 54 to 56, 59, 60(2) and 61 to 65.<\/p>\n<h4>Interpretation (general).<\/h4>\n<p>2.\u2014(1) In this Act\u2014<\/p>\n<p>\u201cappropriates\u201d has the meaning given to it by section 4(5);<\/p>\n<p>\u201cdeception\u201d has the meaning given to it by subsection (2);<\/p>\n<p>\u201cdishonestly\u201d means without a claim of right made in good faith;<\/p>\n<p>\u201cdocument\u201d includes\u2014<\/p>\n<p>(a) a map, plan, graph, drawing, photograph or record, or<\/p>\n<p>(b) a reproduction in permanent legible form, by a computer or other means (including enlarging), of information in non-legible form;<\/p>\n<p>\u201cgain\u201d and \u201closs\u201d have the meanings given to them by subsection (3);<\/p>\n<p>\u201cinformation in non-legible form\u201d means information which is kept (by electronic means or otherwise) on microfilm, microfiche, magnetic tape or disk or in any other non-legible form;<\/p>\n<p>\u201cowner\u201d and \u201cownership\u201d, in relation to property, have the meanings given to them by subsection (4);<\/p>\n<p>\u201cpremises\u201d includes a vehicle, vessel, aircraft or hovercraft or an installation in F1[the territorial sea or in a designated area (within the meaning of the Maritime Jurisdiction Act 2021)] or a tent, caravan or other temporary or movable structure;<\/p>\n<p>\u201cproperty\u201d means money and all other property, real or personal, including things in action and other intangible property;<\/p>\n<p>\u201crecord\u201d includes any information in non-legible form which is capable of being reproduced in permanent legible form;<\/p>\n<p>\u201cstealing\u201d means committing an offence under section 4, and cognate words shall be construed accordingly;<\/p>\n<p>\u201cstolen property\u201d includes property which has been unlawfully obtained otherwise than by stealing, and cognate words shall be construed accordingly;<\/p>\n<p>\u201ctheft\u201d has the meaning given to it by section 4(1); and<\/p>\n<p>\u201cunlawfully obtained\u201d means obtained in circumstances constituting an offence, and cognate words shall be construed accordingly.<\/p>\n<p>(2) For the purposes of this Act a person deceives if he or she\u2014<\/p>\n<p>(a) creates or reinforces a false impression, including a false impression as to law, value or intention or other state of mind,<\/p>\n<p>(b) prevents another person from acquiring information which would affect that person&#8217;s judgement of a transaction, or<\/p>\n<p>(c) fails to correct a false impression which the deceiver previously created or reinforced or which the deceiver knows to be influencing another to whom he or she stands in a fiduciary or confidential relationship,<\/p>\n<p>and references to deception shall be construed accordingly.<\/p>\n<p>(3) For the purposes of this Act\u2014<\/p>\n<p>(a) \u201cgain\u201d and \u201closs\u201d are to be construed as extending only to gain or loss in money or other property, whether any such gain or loss is temporary or permanent,<\/p>\n<p>(b) \u201cgain\u201d includes a gain by keeping what one has, as well as a gain by getting what one has not, and<\/p>\n<p>(c) \u201closs\u201d includes a loss by not getting what one might get, as well as a loss by parting with what one has.<\/p>\n<p>(4) For the purposes of this Act\u2014<\/p>\n<p>(a) a person shall be regarded as owning property if he or she has possession or control of it, or has in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest);<\/p>\n<p>(b) where property is subject to a trust, the persons who own it shall be regarded as including any person having a right to enforce the trust, and an intention to defeat the trust shall be regarded accordingly as an intention to deprive of the property any person having that right;<\/p>\n<p>(c) where a person receives property from or on behalf of another, and is under an obligation to that other person to retain and deal with that property or its proceeds in a particular way, that other person shall be regarded (as against the first-mentioned person) as the owner of the property;<\/p>\n<p>(d) where a person gets property by another&#8217;s mistake and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then the person entitled to restoration shall to the extent of that obligation be regarded (as against the first-mentioned person) as the owner of the property or its proceeds or an amount equivalent to its value, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property, proceeds or such amount;<\/p>\n<p>(e) property of a corporation sole shall be regarded as belonging to the corporation notwithstanding a vacancy in the corporation,<\/p>\n<p>and references to \u201cowner\u201d and \u201cownership\u201d shall be construed accordingly.<\/p>\n<p>(5) (a) A reference in this Act to a Part, section or Schedule is a reference to a Part, section or Schedule of this Act unless it is indicated that a reference to some other Act is intended.<\/p>\n<p>(b) A reference in this Act to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended.<\/p>\n<p>(c) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended, adapted or extended, whether before or after the passing of this Act, by or under any subsequent enactment.<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nSubstituted (22.11.2021) by Maritime Jurisdiction Act 2021 (28\/2021), s. 20(3) and sch. 2 item 23, S.I. No. 601 of 2021.<\/p>\n<p>&nbsp;<\/p>\n<p>Repeals, etc.<\/p>\n<p>3.\u2014(1) Subject to section 65, the Acts specified in Schedule 1 are repealed to the extent specified in the third column of that Schedule.<\/p>\n<p>(2) Any offence at common law of larceny, burglary, robbery, cheating (except in relation to the public revenue), extortion under colour of office and forgery is abolished.<\/p>\n<p>(3) The abolition of a common law offence mentioned in subsection (2) shall not affect proceedings for any such offence committed before its abolition.<\/p>\n<p>PART 2<\/p>\n<p>Theft and Related Offences<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E3<br \/>\nLiability for repayment on conviction under Part provided (1.12.2005) by Social Welfare (Consolidation) Act 2005 (26\/2005), s. 337, S.I. No. 923 of 2005.<\/p>\n<h4>Theft.<\/h4>\n<p>4.\u2014(1) Subject to section 5, a person is guilty of theft if he or she dishonestly appropriates property without the consent of its owner and with the intention of depriving its owner of it.<\/p>\n<p>(2) For the purposes of this section a person does not appropriate property without the consent of its owner if\u2014<\/p>\n<p>(a) the person believes that he or she has the owner&#8217;s consent, or would have the owner&#8217;s consent if the owner knew of the appropriation of the property and the circumstances in which it was appropriated, or<\/p>\n<p>(b) (except where the property came to the person as trustee or personal representative) he or she appropriates the property in the belief that the owner cannot be discovered by taking reasonable steps,<\/p>\n<p>but consent obtained by deception or intimidation is not consent for those purposes.<\/p>\n<p>(3) (a) This subsection applies to a person who in the course of business holds property in trust for, or on behalf of, more than one owner.<\/p>\n<p>(b) Where a person to whom this subsection applies appropriates some of the property so held to his or her own use or benefit, the person shall, for the purposes of subsection (1) but subject to subsection (2), be deemed to have appropriated the property or, as the case may be, a sum representing it without the consent of its owner or owners.<\/p>\n<p>(c) If in any proceedings against a person to whom this subsection applies for theft of some or all of the property so held by him or her it is proved that\u2014<\/p>\n<p>(i) there is a deficiency in the property or a sum representing it, and<\/p>\n<p>(ii) the person has failed to provide a satisfactory explanation for the whole or any part of the deficiency,<\/p>\n<p>it shall be presumed, until the contrary is proved, for the purposes of subsection (1) but subject to subsection (2), that the person appropriated, without the consent of its owner or owners, the whole or that part of the deficiency.<\/p>\n<p>(4) If at the trial of a person for theft the court or jury, as the case may be has to consider whether the person believed\u2014<\/p>\n<p>(a) that he or she had not acted dishonestly, or<\/p>\n<p>(b) that the owner of the property concerned had consented or would have consented to its appropriation, or<\/p>\n<p>(c) that the owner could not be discovered by taking reasonable steps,<\/p>\n<p>the presence or absence of reasonable grounds for such a belief is a matter to which the court or jury shall have regard, in conjunction with any other relevant matters, in considering whether the person so believed.<\/p>\n<p>(5) In this section\u2014<\/p>\n<p>\u201cappropriates\u201d, in relation to property, means usurps or adversely interferes with the proprietary rights of the owner of the property;<\/p>\n<p>\u201cdepriving\u201d means temporarily or permanently depriving.<\/p>\n<p>(6) A person guilty of theft is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E4<br \/>\nOffence under section designated a relevant offence for purposes of Criminal Justice Act 2011 (9.08.2011) by Criminal Justice Act 2011 (22\/2011), s. 3 and sch. 1 para. 23, S.I. No. 411 of 2011.<\/p>\n<h4>Exceptions to theft.<\/h4>\n<p>5.\u2014(1) Where property or a right or interest in property is or purports to be transferred for value to a person acting in good faith, no later assumption by that person of rights which that person believes himself or herself to be acquiring shall, by reason of any defect in the transferor&#8217;s title, amount to theft of the property.<\/p>\n<p>(2) A person cannot steal land, or things forming part of land and severed from it by or under his or her directions, except where the person\u2014<\/p>\n<p>(a) being a trustee, personal representative or other person authorised by power of attorney or as liquidator of a company or otherwise to sell or dispose of land owned by another, appropriates the land or anything forming part of it by dealing with it in breach of the confidence reposed in him or her, or<\/p>\n<p>(b) not being in possession of the land, appropriates anything forming part of the land by severing it or causing it to be severed, or after it has been severed, or<\/p>\n<p>(c) being in possession of the land under a tenancy or licence, appropriates the whole or part of any fixture or structure let or licensed to be used with the land.<\/p>\n<p>(3) For the purposes of subsection (2)\u2014<\/p>\n<p>(a) \u201cland\u201d does not include incorporeal hereditaments,<\/p>\n<p>\u201ctenancy\u201d means a tenancy for years or any less period and includes an agreement for such a tenancy,<\/p>\n<p>\u201clicence\u201d includes an agreement for a licence,<\/p>\n<p>and<\/p>\n<p>(b) a person who after the expiration of a tenancy or licence remains in possession of land shall be treated as having possession under the tenancy or licence, and \u201clet\u201d and \u201clicensed\u201d shall be construed accordingly.<\/p>\n<p>(4) A person who picks mushrooms or any other fungus growing wild on any land, or who picks flowers, fruit or foliage from a plant (including any shrub or tree) growing wild on any land, does not (although not in possession of the land) steal what is picked, unless he or she does it for reward or for sale or other commercial purpose.<\/p>\n<p>(5) Wild creatures, tamed or untamed, shall be regarded as property; but a person cannot steal a wild creature not tamed or ordinarily kept in captivity, or the carcase of any such creature, unless it has been reduced into possession by or on behalf of another person and possession of it has not since been lost or abandoned, or another person is in course of reducing it into possession.<\/p>\n<h4>Making gain or causing loss by deception.<\/h4>\n<p>6.\u2014(1) A person who dishonestly, with the intention of making a gain for himself or herself or another, or of causing loss to another, by any deception induces another to do or refrain from doing an act is guilty of an offence.<\/p>\n<p>(2) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E5<br \/>\nOffence under section designated a relevant offence for purposes of Criminal Justice Act 2011 (9.08.2011) by Criminal Justice Act 2011 (22\/2011), s. 3 and sch. 1 para. 23, S.I. No. 411 of 2011.<\/p>\n<h4>Obtaining services by deception.<\/h4>\n<p>7.\u2014(1) A person who dishonestly, with the intention of making a gain for himself or herself or another, or of causing loss to another, by any deception obtains services from another is guilty of an offence.<\/p>\n<p>(2) For the purposes of this section a person obtains services from another where the other is induced to confer a benefit on some person by doing some act, or causing or permitting some act to be done, on the understanding that the benefit has been or will be paid for.<\/p>\n<p>(3) Without prejudice to the generality of subsection (2), a person obtains services where the other is induced to make a loan, or to cause or permit a loan to be made, on the understanding that any payment (whether by way of interest or otherwise) will be or has been made in respect of the loan.<\/p>\n<p>(4) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E6<br \/>\nOffence under section designated a relevant offence for purposes of Criminal Justice Act 2011 (9.08.2011) by Criminal Justice Act 2011 (22\/2011), s. 3 and sch. 1 para. 23, S.I. No. 411 of 2011.<\/p>\n<h4>Making off without payment.<\/h4>\n<p>8.\u2014(1) Subject to subsection (2), a person who, knowing that payment on the spot for any goods obtained or any service done is required or expected, dishonestly makes off without having paid as required or expected and with the intention of avoiding payment on the spot is guilty of an offence.<\/p>\n<p>(2) Subsection (1) shall not apply where the supply of the goods or the doing of the service is contrary to law or where the service done is such that payment is not legally enforceable.<\/p>\n<p>(3) Subject to subsections (5) and (6), any person may arrest without warrant anyone who is or whom he or she, with reasonable cause, suspects to be in the act of committing an offence under this section.<\/p>\n<p>(4) Where a member of the Garda S\u00edoch\u00e1na, with reasonable cause, suspects that an offence under this section has been committed, he or she may arrest without warrant any person whom the member, with reasonable cause, suspects to be guilty of the offence.<\/p>\n<p>(5) An arrest other than by a member of the Garda S\u00edoch\u00e1na may be effected by a person under subsection (3) only where the person, with reasonable cause, suspects that the person to be arrested by him or her would otherwise attempt to avoid, or is avoiding, arrest by a member of the Garda S\u00edoch\u00e1na.<\/p>\n<p>(6) A person who is arrested pursuant to this section by a person other than a member of the Garda S\u00edoch\u00e1na shall be transferred by that person into the custody of the Garda S\u00edoch\u00e1na as soon as practicable.<\/p>\n<p>(7) A person guilty of an offence under this section is liable on conviction on indictment to a fine not exceeding \u00a33,000 or imprisonment for a term not exceeding 2 years or both.<\/p>\n<h4>Unlawful use of computer.<\/h4>\n<p>9.\u2014(1) A person who dishonestly, whether within or outside the State, operates or causes to be operated a computer within the State with the intention of making a gain for himself or herself or another, or of causing loss to another, is guilty of an offence.<\/p>\n<p>(2) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E7<br \/>\nOffence under section designated a relevant offence for purposes of Criminal Justice Act 2011 (9.08.2011) by Criminal Justice Act 2011 (22\/2011), s. 3 and sch. 1 para. 23, S.I. No. 411 of 2011.<\/p>\n<h4>False accounting.<\/h4>\n<p>10.\u2014(1) A person is guilty of an offence if he or she dishonestly, with the intention of making a gain for himself or herself or another, or of causing loss to another\u2014<\/p>\n<p>(a) destroys, defaces, conceals or falsifies any account or any document made or required for any accounting purpose,<\/p>\n<p>(b) fails to make or complete any account or any such document, or<\/p>\n<p>(c) in furnishing information for any purpose produces or makes use of any account, or any such document, which to his or her knowledge is or may be misleading, false or deceptive in a material particular.<\/p>\n<p>(2) For the purposes of this section a person shall be treated as falsifying an account or other document if he or she\u2014<\/p>\n<p>(a) makes or concurs in making therein an entry which is or may be misleading, false or deceptive in a material particular, or<\/p>\n<p>(b) omits or concurs in omitting a material particular therefrom.<\/p>\n<p>(3) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E8<br \/>\nOffence under section designated a relevant offence for purposes of Criminal Justice Act 2011 (9.08.2011) by Criminal Justice Act 2011 (22\/2011), s. 3 and sch. 1 para. 23, S.I. No. 411 of 2011.<\/p>\n<h4>Suppression, etc., of documents.<\/h4>\n<p>11.\u2014(1) A person is guilty of an offence if he or she dishonestly, with the intention of making a gain for himself or herself or another, or of causing loss to another, destroys, defaces or conceals any valuable security, any will or other testamentary document or any original document of or belonging to, or filed or deposited in, any court or any government department or office.<\/p>\n<p>(2) (a) A person who dishonestly, with the intention of making a gain for himself or herself or another, or of causing loss to another, by any deception procures the execution of a valuable security is guilty of an offence.<\/p>\n<p>(b) Paragraph (a) shall apply in relation to\u2014<\/p>\n<p>(i) the making, acceptance, endorsement, alteration, cancellation or destruction in whole or in part of a valuable security, and<\/p>\n<p>(ii) the signing or sealing of any paper or other material in order that it may be made or converted into, or used or dealt with as, a valuable security,<\/p>\n<p>as if that were the execution of a valuable security.<\/p>\n<p>(3) In this section, \u201cvaluable security\u201d means any document\u2014<\/p>\n<p>(a) creating, transferring, surrendering or releasing any right to, in or over property,<\/p>\n<p>(b) authorising the payment of money or delivery of any property, or<\/p>\n<p>(c) evidencing the creation, transfer, surrender or release of any such right, the payment of money or delivery of any property or the satisfaction of any obligation.<\/p>\n<p>(4) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.<\/p>\n<h4>Burglary.<\/h4>\n<p>12.\u2014(1) A person is guilty of burglary if he or she\u2014<\/p>\n<p>(a) enters any building or part of a building as a trespasser and with intent to commit an arrestable offence, or<\/p>\n<p>(b) having entered any building or part of a building as a trespasser, commits or attempts to commit any such offence therein.<\/p>\n<p>(2) References in subsection (1) to a building shall apply also to an inhabited vehicle or vessel and to any other inhabited temporary or movable structure, and shall apply to any such vehicle, vessel or structure at times when the person having a habitation in it is not there as well as at times when the person is there.<\/p>\n<p>(3) A person guilty of burglary is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 14 years or both.<\/p>\n<p>(4) In this section, \u201carrestable offence\u201d means an offence for which a person of full age and not previously convicted may be punished by imprisonment for a term of five years or by a more severe penalty.<\/p>\n<h4>Aggravated burglary.<\/h4>\n<p>13.\u2014(1) A person is guilty of aggravated burglary if he or she commits any burglary and at the time has with him or her any firearm or imitation firearm, any weapon of offence or any explosive.<\/p>\n<p>(2) In subsection (1)\u2014<\/p>\n<p>\u201cexplosive\u201d means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him or her for that purpose;<\/p>\n<p>\u201cfirearm\u201d means:<\/p>\n<p>(a) a lethal firearm or other lethal weapon of any description from which any shot, bullet or other missile can be discharged,<\/p>\n<p>(b) an air gun (which expression includes an air rifle and an air pistol) or any other weapon incorporating a barrel from which metal or other slugs can be discharged,<\/p>\n<p>(c) a crossbow,<\/p>\n<p>(d) any type of stun gun or other weapon for causing any shock or other disablement to a person by means of electricity or any other kind of energy emission;<\/p>\n<p>\u201cimitation firearm\u201d means anything which is not a firearm but has the appearance of being one;<\/p>\n<p>\u201cweapon of offence\u201d means:<\/p>\n<p>(a) any article which has a blade or sharp point,<\/p>\n<p>(b) any other article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him or her for such use or for threatening such use,<\/p>\n<p>(c) any weapon of whatever description designed for the discharge of any noxious liquid, noxious gas or other noxious thing.<\/p>\n<p>(3) A person guilty of aggravated burglary is liable on conviction on indictment to imprisonment for life.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E9<br \/>\nOffence under section may be re-tried with court approval as provided (1.09.2010) by Criminal Procedure Act 2010 (27\/2010), ss. 15-18 and sch. para. 21, S.I. No. 414 of 2010.<\/p>\n<p>E10<br \/>\nOffence under section may merit minimum sentence under certain condititions as provided (18.05.2007) by Criminal Justice Act 2007 (22\/2007), s. 25 and sch. 2 para. 7, S.I. No. 236 of 2007.<\/p>\n<p>E11<br \/>\nCertain persons convicted under section may be made subject of a monitoring order or protection of person order as provided (18.05.2007) by Criminal Justice Act 2007 (22\/2007), s. 26(1) and sch. 2 para. 7, S.I. No. 236 of 2007.<\/p>\n<h4>Robbery.<\/h4>\n<p>14.\u2014(1) A person is guilty of robbery if he or she steals, and immediately before or at the time of doing so, and in order to do so, uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.<\/p>\n<p>(2) A person guilty of robbery is liable on conviction on indictment to imprisonment for life.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E12<br \/>\nOffence under section may be re-tried with court approval as provided (1.09.2010) by Criminal Procedure Act 2010 (27\/2010), ss. 15-18 and sch. para. 21, S.I. No. 414 of 2010.<\/p>\n<h4>Possession of certain articles.<\/h4>\n<p>15.\u2014(1) A person who is, when not at his or her place of residence, in possession of any article with the intention that it be used in the course of or in connection with\u2014<\/p>\n<p>(a) theft or burglary,<\/p>\n<p>(b) an offence under section 6 or 7,<\/p>\n<p>F2[(aa) robbery, ]<\/p>\n<p>(c) an offence under section 17 (blackmail, extortion, demanding money with menaces) of the Criminal Justice (Public Order) Act, 1994, or<\/p>\n<p>(d) an offence under section 112 (taking a vehicle without lawful authority) of the Road Traffic Act, 1961,<\/p>\n<p>is guilty of an offence.<\/p>\n<p>F3[(1A) A person who, without lawful authority or reasonable excuse, is in possession of any article made or adapted for use in the course of, or in connection with, the commission of an offence referred to in paragraphs (a) to (d) of subsection (1) is guilty of an offence.]<\/p>\n<p>F4[(2) It is a defence for a person charged with an offence under subsection (1) to prove that at the time of the alleged offence the article concerned was not in his or her possession for a purpose specified in that subsection.<\/p>\n<p>(2A) It is a defence for a person charged with an offence under subsection (1A) to prove that the article concerned was not made or adapted for use in the course of or in connection with the commission of an offence referred to in paragraphs (a) to (d) of subsection (1).]<\/p>\n<p>(3) Where a person is convicted of an offence under this section, the court may order that any article for the possession of which he or she was so convicted shall be forfeited and either destroyed or disposed of in such manner as the court may determine.<\/p>\n<p>(4) An order under subsection (3) shall not take effect until the ordinary time for instituting an appeal against the conviction or order concerned has expired or, where such an appeal is instituted, until it or any further appeal is finally decided or abandoned or the ordinary time for instituting any further appeal has expired.<\/p>\n<p>(5) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F2<br \/>\nInserted (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 47(a)(i), S.I. No. 236 of 2007.<\/p>\n<p>F3<br \/>\nInserted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28\/2009), s. 49(a), S.I. No. 330 of 2009.<\/p>\n<p>F4<br \/>\nSubstituted and inserted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28\/2009), s. 49(b), S.I. No. 330 of 2009.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E13<br \/>\nOffence under section designated a relevant offence for purposes of Criminal Justice Act 2011 (9.08.2011) by Criminal Justice Act 2011 (22\/2011), s. 3 and sch. 1 para. 23, S.I. No. 411 of 2011.<\/p>\n<p>E14<br \/>\nPrevious affecting provision: subs. (2) substituted (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 47(a)(ii), S.I. No. 236 of 2007; substituted as per F-note abo<\/p>\n<h2><\/h2>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-1114\" data-postid=\"1114\" class=\"themify_builder_content themify_builder_content-1114 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Deception \u201cDishonesty\u201d for the purpose of deception is similar to that in respect of theft.\u00a0 Where a person does something in the honest belief such as drawing a cheque in the absence of funds, there would be no dishonesty if he believes that he has funds.\u00a0 On the other hand, if a person draws funds [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[62],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1114"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=1114"}],"version-history":[{"count":6,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1114\/revisions"}],"predecessor-version":[{"id":33548,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1114\/revisions\/33548"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1114"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1114"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1114"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}