At law, cheating is a specific criminal offence relating to property. Historically, to cheat was to commit a misdemeanour at common law. However, in most jurisdictions, the offence has now been codified into statute. In most cases the codified statutory form of cheating and the original common law offence are very similar, however there can be differences. For example, under English law it was held in R. v. Sinclair that "o cheat and defraud is to act with deliberate dishonesty to the prejudice of another person's proprietary right." However, at common law a great deal of authority suggested that there had to be contrivance, such that the public were likely to be deceived and that "common prudence and caution are not sufficient security against a person being defrauded thereby". Examples of cheating upheld by the courts have included fraudulently pretending to have power to discharge a soldier, using false weights or measures, and playing with false dice.
Definition
In relation to the common law offence, no judicial definition of the offence was ever laid down, but the description of the offence set down in Stephen's Criminal Digest is regarded as fairly comprehensive, and is cited as an authoritative definition by Stroud's Judicial Dictionary.
Other statutory uses
A number of jurisdictions also have statutory offences relating to cheating in gambling. See for example section 42 of the Gambling Act 2005.
William Harkins said that "all frauds affecting the Crown and public at large are indictable as cheats at common law". This passage was cited in R v Mulligan. Prosecutions under the common law are still pursued in England and can result in heavy sentences – significantly in excess of the maximum available to the courts for corresponding statutory offences. The following cases are also relevant:
R v Hudson
R v Mavji
R v Redford
R v Hunt
Sentence
See R v Regan, Attorney General's References , and R v Meehan and others.
Cheating at play
This offence was formally created by section17 of the Gaming Act 1845. The current English legislation on cheating in betting is found in s42 Gambling Act 2005.
