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Obtaining Property By Deception
Obtaining property by deception was formerly a statutory offence in England and Wales and Northern Ireland. England and Wales This offence was created by section 15 of the Theft Act 1968. Sections 15(1) and (2) of that Act read: This offence replaced the offence of obtaining by false pretences, contrary to section 32(1) of the Larceny Act 1916. Section 15 was repealed on 15 January 2007 by Schedule 3 to the Fraud Act 2006. Liability for offences by corporations Section 18 of the Theft Act 1968 applied in relation to section 15. Going equipped for cheat In section 25 of the Theft Act 1968, the word "cheat" meant an offence under section 15. By any deception The deception must be the operative cause of the obtaining of property, and this is a question of fact for the jury to decide, requiring proof that the victim would not have acted in the same way had they known the truth. In ''R v Laverty'' although the defendant put new number plates and a new chassis number on a car ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutory
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dishonesty
Dishonesty is to act without honesty. It is used to describe a lack of probity, cheating, lying, or deliberately withholding information, or being deliberately deceptive or a lack in integrity, knavishness, perfidiosity, corruption or treacherousness. Dishonesty is the fundamental component of a majority of offences relating to the acquisition, conversion and disposal of property (tangible or intangible) defined in criminal law such as fraud. English law Dishonesty has had a number of definitions. For many years, there were two views of what constituted dishonesty in English law. The first contention was that the definitions of dishonesty (such as those within the Theft Act 1968) described a course of action, whereas the second contention was that the definition described a state of mind. A clear test within the criminal law emerged from ''R v Ghosh'' (1982) 75 CR App. R. 154. The Court of Appeal held that dishonesty is an element of ''mens rea'', clearly referring to a state of m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crimes
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Visiting Forces Act 1952
The Visiting Forces Act 1952 is an Act of the Parliament of the United Kingdom.Section 3provides immunity against prosecution for certain offences in the courts of United Kingdom by members of visiting forces and, by virtue of the 1964 Act, international headquarters. See offence against the person and offence against property for the meaning of those terms. The Act is extended bsection 1(2)of, and thScheduleto the International Headquarters and Defence Organisations Act 1964. Extent The Act applies specifically to the forces of the countries (mostly members of the Commonwealth of Nations) listed in s.1(1)(a) (as amended from time to time) and additionally to the forces of any other country authorised by an Order in Council An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council (''Kin .... The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Offence Against Property
Property crime is a category of crime, usually involving private property, that includes, among other crimes, burglary, larceny, theft, motor vehicle theft, arson, shoplifting, and vandalism. Property crime is a crime to obtain money, property, or some other benefit. This may involve force, or the threat of force, in cases like robbery or extortion. Since these crimes are committed in order to enrich the perpetrator they are considered property crimes. Crimes against property are divided into two groups: destroyed property and stolen property. When property is destroyed, it could be called arson or vandalism. Examples of the act of stealing property is robbery or embezzlement. Property crimes are high-volume crimes, with cash, electronics (e.g. televisions), power tools, cameras, and jewelry often targeted. "Hot products" tend to be items that are concealable, removable, available, valuable, and enjoyable, with an ease of "disposal" being the most important characteristic. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fraud Act 2006 (Commencement) Order 2006
The Fraud Act 2006 (c 35) is an Act of the Parliament of the United Kingdom which affects England and Wales and Northern Ireland. It was given royal assent on 8 November 2006, and came into effect on 15 January 2007. Purpose The Act gives a statutory definition of the criminal offence of fraud, defining it in three classes - fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. It provides that a person found guilty of fraud was liable to a fine or imprisonment for up to twelve months on summary conviction (six months in Northern Ireland), or a fine or imprisonment for up to ten years on conviction on indictment. This Act largely replaces the laws relating to obtaining property by deception, obtaining a pecuniary advantage and other offences that were created under the Theft Act 1978. These offences attracted much criticism for their complexity and difficulty in proving at court. Much of the Theft Act 1978 has been repealed, bu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theft Act (Northern Ireland) 1969
The Theft Act (Northern Ireland) 1969 (c 16) is an Act of the Parliament of Northern Ireland. It makes criminal law provisions for Northern Ireland similar to those made in England and Wales by the Theft Act 1968. Section 1 - Theft This section creates the offence of theft. Section 8 - Robbery This section creates the offence of robbery. Section 9 - Burglary This section creates the offence of burglary. Section 10 - Aggravated burglary This section creates the offence of aggravated burglary. Section 11 - Removal of articles from places open to the public This section creates the offence of removing article from place open to the public. Section 13 - Abstracting of electricity This section creates the offence of abstracting electricity. Section 15 - Obtaining property by deception This section is repealed. It created the offence of obtaining property by deception. Section 15A - Obtaining a money transfer by deception This section is repealed. It created the offence of obtai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chose (English Law)
Chose (pronounced: , French for "thing") is a term used in common law tradition to refer to rights in property, specifically a combined bundle of rights. A chose describes the enforcement right which a party possesses in an object. The use of ''chose'' extends from the English use of French within the courts. In English and commonwealth law, all personal things fall into one of two categories, either choses in action or choses in possession. English law uses a ''chose'' to refer to a bundle of rights, traditionally relating to property which may be utilised in certain circumstances. Thus, a chose in action refers to a bundle of personal rights which can only be enforced or claimed by a chose-holder bringing an action through the court to enforce the action. In English law, this category is enormously wide.WS Holdsworth, ‘The History of the Treatment of Choses in Action by the Common Law’, 33 ''Harvard LR'' 96 This is contrasted with a chose in possession which represents rights w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obtaining A Money Transfer By Deception
Obtaining a money transfer by deception was formerly a statutory offence in England and Wales and Northern Ireland. England and Wales This offence was created by section 15A of the Theft Act 1968. Section 15B made supplementary provision. Both of those sections were inserted by section 1(1) of the Theft (Amendment) Act 1996. Section 15A was repealed on 15 January 2007 by sections 14(1) and (3) and 15(1) of, and paragraph 1(a)(ii) of Schedule 1 to, and Schedule 3 to, the Fraud Act 2006, subject to transitional provisions and savings in paragraph 3 of Schedule 2 to that Act. Section 15B was repealed on the same date by sections 14(1) and (3) and 15(1) of, and paragraph 3 of Schedule 1 to, and Schedule 3 to, the Fraud Act 2006. The purpose of this offence was to fill the lacuna in the law identified by the decision in ''R v Preddy and Slade, R v Dhillon''. It implemented recommendations of the Law Commission. Northern Ireland This offence was created by section 15A of the Theft Act ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sentence (law)
In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multiple crimes may be a concurrent sentence, where sentences of imprisonment are all served together at the same time, or a consecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a prison followed by street time period of parole, supervised release or probation until the total sentence is completed. If a sentence is reduced to a less harsh punishment, then the sentence is said to have been mi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Ghosh
''R v Ghosh'' 982EWCA Crim 2is an English criminal law case setting out a test for dishonesty">dishonest conduct which was relevant as to many offences worded as doing an act dishonestly, such as deception, as Theft Act 1968, theft,Theft Act 1968 as mainstream types of Fraud Act 2006, fraud,Fraud Act 2006 and as Social Security Administration Act 1992, benefits fraud. The test has been revised to an objective test, with rare exceptions, by the Supreme Court of the United Kingdom, Supreme Court in ''Ivey v Genting Casinos'' [2017UKSC 67 Facts Dr Ghosh was a surgeon. He was convicted of four offences under the Theft Act 1968 sections 20(2) and 15(1). During his work as a locum surgeon he was paid one set of extra wages and attempted three times to obtain such wages by claiming variously: for work that others had carried out and for work reimburseable to him via the National Health Service. The jury found him guilty. He appealed on the basis that the trial judge had told the jury ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
