
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 10 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