In People v. Ogunsola, 87 Ill. 2d 216, 429 N.E.2d 861, 57 Ill. Dec. 744 (1981), the supreme court considered whether the trial court had erred when it gave the jury an instruction that incorrectly defined the offense of deceptive practices by omitting an essential element of the offense. In that case, the defendant was charged with deceptive practices under $ 150 after he paid for his car repairs with a check that the funds in his account would not cover and on which he intended to stop payment. When instructing the jury, the trial court failed to include the phrase, "with intent to defraud," in the offense's definition. The supreme court found that the intent to defraud is an essential element of deceptive practices and is a specific mental state, different from the knowing mental state. Ogunsola, 87 Ill. 2d at 221. Though the defendant did not preserve the error, the supreme court reviewed it under the plain error doctrine to ensure the fundamental fairness of the defendant's trial. "Fundamental fairness includes, among other things, seeing to it that certain basic instructions, essential to a fair determination of the case by the jury, are given." Ogunsola, 87 Ill. 2d at 222. The Ogunsola court noted that instructions defining the elements of the offense are included among these basic instructions and the failure to inform the jury of the elements "has been held to be error so grave and fundamental that the waiver rule should not apply." Ogunsola, 87 Ill. 2d at 222. The court concluded that it could not say that "a properly instructed jury might not have acquitted the defendant, based on a lack of proof beyond a reasonable doubt that he intended to defraud" the victim. Ogunsola, 87 Ill. 2d at 223.