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Obtaining Pecuniary Advantage By Deception
Obtaining pecuniary advantage by deception was formerly a statutory offence in England and Wales and Northern Ireland. It was replaced with the more general offence of fraud by the Fraud Act 2006. The offence still subsists in certain other common law jurisdictions which have copied the English criminal model. England and Wales Statute The offence was created by section 16 of the Theft Act 1968. At the time of its repeal it read: This offence replaced the offence of obtaining credit by fraud, contrary to section 13(1) of the Debtors Act 1869. The elements of the actus reus are similar to the offence of obtaining property by deception: *There must be a deception. This has the same meaning as for section 15 (according to section 16(3) of the Theft Act 1968). See Deception (criminal law) and Obtaining property by deception#By any deception). *There must be causation, as to which, see Deception (criminal law) and Obtaining property by deception#By any deception. *There must be th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Archbold Criminal Pleading, Evidence And Practice
''Archbold Criminal Pleading, Evidence and Practice'' (usually called simply ''Archbold'') is the leading practitioners' text for criminal lawyers in England and Wales and several other common law jurisdictions around the world. It has been in publication since 1822, when it was first written by John Frederick Archbold, and is currently published by Sweet & Maxwell, a subsidiary of Thomson Reuters. Forty-three revisions were published prior to 1992 and since then it has been published annually. Its authority is such that it is often quoted in court. The team of authors is made up of experienced barristers, KCs and judges. Editors Magistrates' courts As far as it covers procedure and practice, ''Archbold'' refers to those of the Crown Court. A separate volume, ''Archbold Magistrates' Courts Criminal Practice'' covers the magistrates' courts.Sweet & MaxwellArchbold Magistrates' Courts Criminal Practice 2023 accessed 25 November 2022 Archbold Magistrates' Courts Criminal Pract ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Appeal Reports
The Criminal Appeal Reports are a series of law reports of decisions of the Court of Criminal Appeal, the criminal division of the Court of Appeal and the House of Lords from 15 May 1908 onwards. They are published by Sweet & Maxwell. Publication began in 1909 and have been edited by Daniel Janner since 1994. As of 2008, they were published ten times each year. For the purpose of citation, their name may be abbreviated to "Cr App R", or to "CAR". Glanville Williams criticised the layout of the index in each volume of these reports. Volume 1 contains, in addition to the reports, a copy of the Criminal Appeal Act 1907, sections 9(5) and (6) of the Costs in Criminal Cases Act 1908, the Criminal Appeal (Amendment) Act 1908, section 11 of the Prevention of Crime Act 1908 and section 99(6) of the Children Act 1908.Herman Cohen (Editor). The Criminal Appeal Reports with subject index, tables of cases and statutes cited, and the Criminal Appeal Act, 1907, and amending and exte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law Act 1977
The Criminal Law Act 1977 (c.45) is an Act of the Parliament of the United Kingdom. Most of it only applies to England and Wales. It creates the offence of conspiracy in English law. It also created offences concerned with criminal trespass in premises, made changes to sentencing, and created an offence of falsely reporting the existence of a bomb. Main provisions Part I - Conspiracy Part II - Offences relating to entering and remaining on property This Part implemented recommendations contained in the Report on Conspiracy and Criminal Law Reform (Law Com 76) by the Law Commission. Section 6 - Violence for securing entry Section 6 creates an offence of using or threatening unauthorised violence for the purpose of securing entry into any premises, while there is known to be a person inside opposing entry. Violence is taken to include violence to property, as well as to people. This section has been widely used by squatters Squatting is the action of occupying an abandone ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Either Way
A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment. In the United States, an alternative misdemeanor/felony offense (colloquially known as a wobbler) lists both county jail (misdemeanor sentence) and state prison (felony sentence) as possible punishment, for example, theft. Similarly, a wobblette is a crime that can be charged either as a misdemeanor or an infraction, for example, in California, violating COVID-19 safety precautions (ranges from a $100 fine to one year in jail). Canada The power to choose under which class a hybrid offence will be tried rests with the crown counsel. Hybrid offences can either be summary offences (minor crimes) or indictable offences (major crimes). For most indictable offences, a person has the right to trial by jury. A hybrid offence is the mo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Magistrates' Courts Act 1952
The Magistrates' Courts Act 1952 (15 & 16 Geo 6 & 1 Eliz c 55) was an Act of the Parliament of the United Kingdom which related to magistrates' courts. It was repealed by section 154 of, and Schedule 9 to, the Magistrates' Courts Act 1980. Section 1 Section 1 did not apply to a committal for trial under section 1 of the Criminal Justice Act 1967 Section 24(1) of the Criminal Justice Act 1967 restricted the issue of a warrant under this section. Section 1(2)(e) was inserted by section 56 of, and paragraph 34(2) of Schedule 8 to, the Courts Act 1971. Section 1(4) was repealed by section 56 of, and Part IV of Schedule 11 to the Courts Act 1971. Section 4 Section 4(2) provided that there was no obligation on examining justices to sit in open court. It was repealed by sections 6(2) and 103(2) of, and Part I of Schedule 7 to, the Criminal Justice Act 1967. Section 9 Section 9(2) made special provision about offences dealt with by virtue of section 11 of the Criminal Justice Act ... [...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] |
Independent Contractor
Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work. Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, disability insurance. Employment is typically governed by employment laws, organisation or legal contracts. Employees and employers An employee contributes labour and expertise to an endeavo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment
Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work. Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, disability insurance. Employment is typically governed by employment laws, organisation or legal contracts. Employees and employers An employee contributes labour and expertise to an endea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crown Ct
The Crown Court is the court of first instance of England and Wales responsible for hearing all indictable offences, some either way offences and appeals lied to it by the magistrates' courts. It is one of three Senior Courts of England and Wales. The Crown Court sits in around 92 locations in England and Wales. The administration of the Crown Court is conducted by the Courts and Tribunals Service (HMCTS). Previously conducted across six circuits ( Midland, Northern, North Eastern, South Eastern, Wales & Chester and Western), HMCTS is now divided into seven regions; Midlands, North East, North West, South East, South West, London, and Wales. The Wales region was identified separately, having regard to the devolved legislative powers of the Welsh Government. When the Crown Court sits in the City of London it is known as the Central Criminal Court or "Old Bailey"; this Court locus was established by its own Act of Parliament and serves as the predominant venue for the most seri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Void Contract
A contract is an agreement enforceable by law. A void agreement is one which cannot be enforced by law . Sometimes an agreement which is enforceable by law, i.e., a contract, can become void. Void agreements are different from voidable contracts, which are contracts that may be nullified. However, when a contract is being written and signed, there is no automatic mechanism available in every situation that can be utilized to detect the validity or enforceability of that contract. Practically, a contract can be declared to be void by a court of law. An agreement to carry out an illegal act is an example of a void agreement. For example, an agreement between drug dealers and buyers is a void agreement simply because the terms of the contract are illegal. In such a case, neither party can go to court to enforce the contract. A void agreement is void ab initio, i e from the beginning while a voidable contract can be voidable by one or all of the parties. A voidable contract is not vo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theft Act 1978
The Theft Act 1978 (c 31) is an Act of the Parliament of the United Kingdom. It supplemented the earlier deception offences contained in sections 15 and 16 of the Theft Act 1968 by reforming some aspects of those offences and adding new provisions. See also the Fraud Act 2006. Section 1 - Obtaining services by deception This section created the offence of obtaining services by deception. It was repealed on 15 January 2007 by Schedule 3 to the Fraud Act 2006. As amended by the Theft (Amendment) Act 1996, it read: :(1) A person who by any deception dishonestly obtains services from another shall be guilty of an offence. :(2) It is an obtaining of services where the other is induced to confer a benefit 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) above, it is an obtaining of services where the other is induced to make a loan, or to caus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Edmund-Davies
Herbert Edmund Edmund-Davies, Baron Edmund-Davies, PC (15 July 1906 – 26 December 1992) was a British judge. Early life and career Born Herbert Edmund Davies at Mountain Ash ( cy, Aberpennar), Glamorgan (now in Rhondda Cynon Taf), Wales, he was the third son of Morgan John Davies and Elizabeth Maud Edmunds. Davies was educated at Mountain Ash Grammar School, King's College London where he received a first-class LLB and an LLB in 1926 and an LLD in 1928. Following this, he completed the BCL in 1929 at Exeter College, Oxford, where he received the Vinerian Scholarship. Called to the bar at Gray's Inn in 1929, he worked as examiner and lecturer at the London School of Economics in 1930 and 1931. During the Second World War, he served in the Army Officers' Emergency Reserve and in the Royal Welch Fusiliers. He was Recorder of Merthyr Tydfil from 1942 to 1944, of Swansea from 1944 to 1953 and of Cardiff from 1953 to 1958. Between 1953 and 1964, Davies was chairman of the Den ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
