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Theft
Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, ''theft'' is considered to be synonymous with ''larceny'', while in others, ''theft'' is defined more narrowly. Someone who carries out an act of theft may be described as a "thief" ( : thieves). ''Theft'' is the name of a statutory offence in California, Canada, England and Wales, Hong Kong, Northern Ireland, the Republic of Ireland, and the Australian states of South Australia Theft (and receiving). and Victoria. Theft. Elements The ''actus reus'' of theft is usually defined as an unauthorized taking, keeping, or using of another's property which must be accompanied by a ''mens rea'' of dishones ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robbery
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft (such as burglary, shoplifting, pickpocketing, or car theft) by its inherently violent nature (a violent crime); whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. The word "rob" came via French from Late Latin words (e.g., ''deraubare'') of Germanic origin, from Common Germanic ''raub'' "theft". Among the t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Larceny
Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law (also statutory law), where in many cases it remains in force. The crime of larceny has been abolished in England, Wales, Ireland, and Northern Ireland, broken up into the specific crimes of burglary, robbery, fraud, theft, and related crimes. However, larceny remains an offence in parts of the United States, Jersey, and in New South Wales, Australia, involving the taking (caption) and carrying away (asportation) of personal property without the owner's consent. Etymology The word "larceny" is a late Middle English word, from the Anglo-Norman word ''larcin'', "theft". Its probable Latin root is ''latrocinium'', a derivative of ''latro'', "robber" (originally mercenary). By nation Australia New South Wales In the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, redefine, rent, mortgage, pawn, sell, exchange, transfer, give away or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted property rights. In economics and political economy, there are three broad forms of property: private property, public property, and collective property (also called cooperative property). Property that jointly belongs to more than one party may be possessed or controlled thereby in very similar or very distinct ways, whether simply or complexly, whether equally or unequally. However, there is an expectation that each party's will (rather discretion) w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Possession Of Stolen Goods
Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods. In many jurisdictions, if an individual has accepted possession of goods (or property) and knew they were stolen, then the individual may be charged with a crime, depending on the value of the stolen goods, and the goods are returned to the original owner. If the individual did not know the goods were stolen, then the goods are returned to the owner and the individual is not prosecuted. However, it can be difficult to prove or disprove a suspect's knowledge that the goods were stolen. Nature of offence by country Canada The Criminal Code specifies three offences: :* Possession of property obtained by crime (s. 354) :* Trafficking in property obtained by crime (ss. 355.2)''Criminal Code'', ss. 35 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conversion (law)
Conversion is an intentional tort consisting of "taking with the intent of exercising over the chattel an ownership inconsistent with the real owner's right of possession". In England & Wales, it is a tort of strict liability. Its equivalents in criminal law include larceny or theft and criminal conversion. In those jurisdictions that recognise it, criminal conversion is a lesser crime than theft/larceny. Examples of conversion include: 1) Alpha cuts down and hauls away trees on land s/he knows is owned by Beta, without permission or privilege to do so; and 2) Gamma takes furniture belonging to Delta and puts it into storage, without Delta's consent (and especially if Delta does not know where Gamma put it). A common act of conversion in medieval times involved bolts of cloth that were bailed for safekeeping, which the bailee or a third party took and made clothes for their own use or for sale. Many questions concerning joint ownership in enterprises such as a partnership be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Embezzlement
Embezzlement is a crime that consists of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. Embezzlement is a type of financial fraud. For example, a lawyer might embezzle funds from the trust accounts of their clients; a financial advisor might embezzle the funds of investors; and a husband or a wife might embezzle funds from a bank account jointly held with the spouse. The term "embezzlement" is often used in informal speech to mean theft of money, usually from an organization or company such as an employer. Embezzlement is usually a premeditated crime, performed methodically, with precautions that conceal the criminal conversion of the property, which occurs without the knowledge or consent of the affected person. Often it involves the trusted individual embezzling only a small proportion of the total of the funds or resources they receive or cont ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theft By Finding
Theft by finding occurs when someone chances upon an object which seems abandoned and takes possession of the object but fails to take steps to establish whether the object is genuinely abandoned and not merely lost or unattended. In some jurisdictions the crime is called "larceny by finding" or "stealing by finding". By nation United States In the United States, if the owner of a property has renounced all property rights in the object, then the property is abandoned. Since theft is the unlawful taking of another person's property, an essential element of the ''actus reus'' of theft is absent. The finder of lost property acquires a possessory right by taking physical control of the property, but does not necessarily have ownership of the property. The finder must take reasonable steps to locate the owner. If the finder shows that reasonable steps to find the owner have been taken then the finder may establish that the required ''mens rea'' for theft, the intention to dep ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oxford V Moss
''Oxford v Moss'' (1979) is an English criminal law case, dealing with theft of intangible property: information. The High Court: Divisional Court, to whom the legal question of the taking of a proof (final draft) exam paper was referred by magistrates, and which is not one of binding precedent, ruled that information could not be deemed to be intangible property and therefore was incapable of being stolen within the Theft Act 1968. Facts The defendant, Moss, was a University student and managed to obtain a proof copy of his forthcoming exam paper. It was accepted that he always intended to return the proof itself, and therefore could not be convicted of theft of the proof itself; however, he was charged with stealing information belonging to the Senate of the University. The case was heard by the Liverpool Stipendiary Magistrate, and it was argued by the prosecution that the information itself was property capable of being stolen because it had attached to it a proprietary right ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mistake Of Fact
A mistake of fact may sometimes mean that, while a person has committed the physical element of an offence, because they were labouring under a mistake of fact, they never formed the mental element. This is unlike a mistake of law, which is not usually a defense; law enforcement may or may not take for granted that individuals know what the law is. Discussion Most criminal law systems in developed states exclude mistake of law as a defense, because allowing defendants to invoke their own ignorance of the law would breach the public policy represented by the Latin maxim: '' ignorantia legis neminem excusat''. But someone operating under a mistake of fact will not generally be liable, because, although the defendant has committed the ''actus reus'' of the offense, the defendant may honestly believe in a set of facts that would prevent him or her from forming the requisite ''mens rea'' required to constitute the crime. For example: A defendant goes into a supermarket and places e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Extortion
Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offence; the bulk of this article deals with such cases. Robbery is the simplest and most common form of extortion, although making unfounded threats in order to obtain an unfair business advantage is also a form of extortion. Extortion is sometimes called the " protection racket" because the racketeers often phrase their demands as payment for "protection" from (real or hypothetical) threats from unspecified other parties; though often, and almost always, such "protection" is simply abstinence of harm from the same party, and such is implied in the "protection" offer. Extortion is commonly practiced by organized crime. In some jurisdictions, actually obtaining the benefit is not required to commit the offense, and making a threat of violence which refers to a requirement of a payment of money or property to halt future violence is sufficient to co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...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 s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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