| Conspiracy
to Defraud Contrary to Common Law
Offence:
Conspiracy to Defraud Contrary to Common Law
It is an offence contrary
to the common law for two or more persons to agree
to embark on a course of conduct which, if the
agreement is carried out in accordance with their
intentions, will necessarily amount to or involve
some third party being deprived of some thing
which is his or to which he is or would be or
might be entitled. The offence is extremely wide
and even agreements which might have the effect
of injuring a third party's proprietary rights
in copyright material have been held to constitute
the offence. (scott v metropolitan police commissioner
[1975] ac 819)
Penalties:
Conspiracy to Defraud Contrary to Common
Law
The offence is triable
only on indictment. Section 12(1) criminal justice
act 1987 provides for a maximum penalty of 14
years imprisonment and/or an unlimited fine.
Specimen
charge/summons: Conspiracy to
Defraud Contrary to Common Law
On a day between the ...
Day of... 19.. And the ... Day of... 19.. In the
county of... And elsewhere, conspired with ...
And with persons unknown to defraud the copyright
owners of various video films by marketing/distributing/manufacturing
infringing copies of video films contrary to the
common law
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