[No. 50.]
Criminal Justice (Theft and Fraud
Offences) Act, 2001.
[2001.]
Pt.2 S.5
(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.
Making gain or
causing loss by
deception.
6.—(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.
(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.
Obtaining services
by deception.
7.—(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.
(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.
(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.
(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.
Making off without
payment.
8.—(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.
(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.
(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.
(4) Where a member of the Garda Sı́ochána, 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.
(5) An arrest other than by a member of the Garda Sı́ochána 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 Sı́ochána.
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