81Obtaining property by deception

81 Obtaining property by deception

S. 81(1) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1)
s. 60(1)(Sch. 1 item 59).

(1) A person who by any deception dishonestly obtains property belonging to another, with the intention of permanently depriving the other of it, is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).

(2) For purposes of this section a person is to be treated as obtaining property if he obtains ownership, possession or control of it, and obtain includes obtaining for another or enabling another to obtain or to retain.

(3) Subsections (12) and (13) of section 73 shall apply for purposes of this section, with the necessary adaptation of the reference to appropriating, as it applies for purposes of section 72.

S. 81(4) substituted by No. 36/1988 s. 6.

(4) For the purposes of this section, deception—

(a) means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or any other person; and

(b) includes an act or thing done or omitted to be done with the intention of causing—

(i) a computer system; or

(ii) a machine that is designed to operate by means of payment or identification—

to make a response that the person doing or omitting to do the act or thing is not authorised to cause the computer system or machine to make.

S. 82 amended by No. 7876 s. 2(3), substituted by Nos 8280 s. 10, 8425 s. 2(1)(b).