Personation at an Examination

Published date01 July 1961
DOI10.1177/002201836102500308
Date01 July 1961
Subject MatterArticle
Personation at an Examination
ANEWSPAPER recently reported a case of personation at an
examination which resulted in a prosecution. One youth,
whom we will call
"the
sitter", had been persuaded by
another youth
("the
non-sitter") to sit at a G.C.E. examination
in
the
latter's place. He did so and satisfied
the
examiners, so
that
a certificate was issued, presumably to the non-sitter.
The
report did not specify on what charges or charge
the
two
appeared
but
it does say
that
they both pleaded guilty and
were fined.
It
will perhaps provide an interesting, if somewhat
academic, exercise to speculate on
the
various charges which
could be preferred. Most of them are misdemeanours, where
each participant is treated as a principal,
but
in fact references
will be introduced to "aiders and abettors" and "counsellors
and procurers" to show the part played by
the
one or the
other offender.
Considering, firstly, a charge of obtaining by false
pretences,
the
sitter could presumably be charged with
obtaining achattel, viz. the question-paper by falsely pretend-
ing
that
he was in fact
the
non-sitter or, at any rate,
that
he
was a person entitled to sit for
that
particular examination.
It
is assumed
that
the
question-paper becomes
the
property of
the candidate and that he can take it away from
the
examination-
room when he leaves, so
that
ownership passes.
The
non-
sitter would be guilty of counselling and procuring the offence
by the sitter.
It
would not be proper, however, to charge the
sitter with obtaining the sheets of blank paper on which he
wrote his answers by false pretences, for such sheets of paper
are returned to
the
examining body at
the
conclusion of
the
session.
If
the
certificate of passing
the
examination was
issued to the non-sitter, it is doubtful whether he could be
charged with obtaining
that
by a false pretence; in entering for
232

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