A man had a neighbour who owned a football autographed by Lionel Messi and the entire 2015 UEFA Champions League Barcelona team. The man asked if he could show the ball to some visiting friends. The neighbour agreed on the condition that the man kept the football in its display case, which the man agreed to do. However, the man secretly planned to use the ball with his son in their backyard. While playing, the son kicked the ball over the fence and into the garden of a dog owner. The dog owner's greyhound punctured the ball, as it had done with the previous five footballs that the man's son had kicked into their yard. When the neighbour learned what happened to the ball, he contacted the police.
What potential criminal charge could the prosecution pursue to obtain a conviction in this case?
A man had a neighbour who owned a football autographed by Lionel Messi and the entire 2015 UEFA Champions League Barcelona team. The man asked if he could show the ball to some visiting friends. The neighbour agreed on the condition that the man kept the football in its display case, which the man agreed to do. However, the man secretly planned to use the ball with his son in their backyard. While playing, the son kicked the ball over the fence and into the garden of a dog owner. The dog owner's greyhound punctured the ball, as it had done with the previous five footballs that the man's son had kicked into their yard. When the neighbour learned what happened to the ball, he contacted the police.
What potential criminal charge could the prosecution pursue to obtain a conviction in this case?
Fraud by false representation.
(C) The man in question could be charged with fraud by false representation, as he acted dishonestly by telling his neighbour that he was going to show the football to his friends when in reality, he was going to play a game with it. The intention behind his false representation was to make a gain for himself or cause a risk of loss to another. It is important to note that the man knew that five previous footballs had been destroyed by the greyhound, yet he still proceeded with his dishonest actions.
Regarding option (D), it may be difficult to charge the man with fraud by failure to disclose as it would need to be proven that he had a legal duty to disclose that he was going to use the football in a game. It is not clear if such a duty existed.
Option (A) is not suitable as the man's intention to commit criminal damage is not established, which is required for an attempt charge.
Options (B) and (E) are also unsuitable as theft or attempted theft may be difficult to prove. This is because the intention to permanently deprive is necessary for theft, and an intention to commit the full underlying offence is required for an attempt charge.