Part Xi – Laws of Attempted Crime
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Imagereal Capture
Some Aspects of Theft of Computer Software by M. Dunning I. INTRODUCTION The purpose of this paper is to test the capability of New Zealand law to adequately deal with the impact that computers have on current notions of crimes relating to property. Has the criminal law kept pace with technology and continued to protect property interests or is our law flexible enough to be applied to new situations anyway? The increase of the moneyless society may mean a decrease in money motivated crimes of violence such as robbery, and an increase in white collar crime. Every aspect of life is being computerised-even our per sonality is on character files, with the attendant )ossibility of criminal breach of privacy. The problems confronted in this area are mostly definitional. While it may be easy to recognise morally opprobrious conduct, the object of such conduct may not be so easily categorised as criminal. A factor of this is a general lack of understanding of the computer process, so this would seem an appropriate place to begin the inquiry. II. THE COMPUTER Whiteside I identifies five key elements in a computer system. (1) Translation of data into a form readable by the computer, called input; and subject to manipulation by the introduction of false data. Remote terminals can be situated anywhere outside the cen tral processing unit (CPU), connected by (usually) telephone wires over which data may be transmitted, e.g. New Zealand banks on line to Databank. Outside users are given a site code number (identifying them) and an access code number (enabling entry to the CPU) which "plug" their remote terminal in. -
Common Law Fraud Liability to Account for It to the Owner
FRAUD FACTS Issue 17 March 2014 (3rd edition) INFORMATION FOR ORGANISATIONS Fraud in Scotland Fraud does not respect boundaries. Fraudsters use the same tactics and deceptions, and cause the same harm throughout the UK. However, the way in which the crimes are defined, investigated and prosecuted can depend on whether the fraud took place in Scotland or England and Wales. Therefore it is important for Scottish and UK-wide businesses to understand the differences that exist. What is a ‘Scottish fraud’? Embezzlement Overview of enforcement Embezzlement is the felonious appropriation This factsheet focuses on criminal fraud. There are many interested parties involved in of property without the consent of the owner In Scotland criminal fraud is mainly dealt the detection, investigation and prosecution with under the common law and a number where the appropriation is by a person who of statutory offences. The main fraud offences has received a limited ownership of the of fraud in Scotland, including: in Scotland are: property, subject to restoration at a future • Police Service of Scotland time, or possession of property subject to • common law fraud liability to account for it to the owner. • Financial Conduct Authority • uttering There is an element of breach of trust in • Trading Standards • embezzlement embezzlement making it more serious than • Department for Work and Pensions • statutory frauds. simple theft. In most cases embezzlement involves the appropriation of money. • Crown Office and Procurator Fiscal Service. It is important to note that the Fraud Act 2006 does not apply in Scotland (apart from Statutory frauds s10(1) which increases the maximum In addition there are a wide range of statutory Investigating fraud custodial sentence for fraudulent trading to offences which are closely related to the 10 years). -
Criminal Law: Conspiracy to Defraud
CRIMINAL LAW: CONSPIRACY TO DEFRAUD LAW COMMISSION LAW COM No 228 The Law Commission (LAW COM. No. 228) CRIMINAL LAW: CONSPIRACY TO DEFRAUD Item 5 of the Fourth Programme of Law Reform: Criminal Law Laid before Parliament bj the Lord High Chancellor pursuant to sc :tion 3(2) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 6 December 1994 LONDON: 11 HMSO E10.85 net The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Commissioners are: The Honourable Mr Justice Brooke, Chairman Professor Andrew Burrows Miss Diana Faber Mr Charles Harpum Mr Stephen Silber QC The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London, WClN 2BQ. 11 LAW COMMISSION CRIMINAL LAW: CONSPIRACY TO DEFRAUD CONTENTS Paragraph Page PART I: INTRODUCTION 1.1 1 A. Background to the report 1. Our work on conspiracy generally 1.2 1 2. Restrictions on charging conspiracy to defraud following the Criminal Law Act 1977 1.8 3 3. The Roskill Report 1.10 4 4. The statutory reversal of Ayres 1.11 4 5. Law Commission Working Paper No 104 1.12 5 6. Developments in the law after publication of Working Paper No 104 1.13 6 7. Our subsequent work on the project 1.14 6 B. A general review of dishonesty offences 1.16 7 C. Summary of our conclusions 1.20 9 D. -
Canadian Criminal Law
Syllabus Canadian Criminal Law (Revised November 2020) Candidates are advised that the syllabus may be updated from time-to-time without prior notice. Candidates are responsible for obtaining the most current syllabus available. World Exchange Plaza 1810 - 45 O'Connor Street Ottawa Ontario K1P 1A4 Tel: (613) 236-1700 Fax: (613) 236-7233 www.flsc.ca Canadian Criminal Law EXAMINATION The function of the NCA exams is to determine whether applicants demonstrate a passable facility in the examined subject area to enable them to engage competently in the practice of law in Canada. To pass the examination candidates are expected to identify the relevant issues, select and identify the material rules of law including those in the Criminal Code of Canada and the relevant case law as understood in Canada, and explain how the law applies on each of the relevant issues, given the facts presented. Those who fail to identify key issues, or who demonstrate confusion on core legal concepts, or who merely list the issues and describe legal rules or who simply assert conclusions without demonstrating how those legal rules apply given the facts of the case will not succeed, as those are the skills being examined. The knowledge, skills and abilities examined in NCA exams are basically those that a competent lawyer in practice in Canada would be expected to possess. MATERIALS Required: • Steve Coughlan, Criminal Procedure, 4th ed. (Toronto: Irwin Law, 2020) • Kent Roach, Criminal Law, 7th ed. (Toronto: Irwin Law, 2018) • The most up-to-date Criminal Code (an annotated Criminal Code is highly recommended). -
Immigration Consequences at Sentencing
Update on Criminal Inadmissibility Peter Edelmann1 Division 4 of the Immigration and Refugee Protection Act (“IRPA”) sets out the various grounds of inadmissibility along with a number of evidentiary and procedural matters. This paper will focus on the grounds of criminal inadmissibility set out in section 36. It will not address the related grounds of inadmissibility such as those under sections 34(security), 35 (international crimes) and 37 (organized criminality), each of which would provide ample material for a lengthy paper on their own. Section 36 sets out the grounds that render individuals inadmissible for criminality. The most fundamental distinction in s.36 is between criminality and serious criminality. Criminality, as described in s.36(2), only affects foreign nationals: A36 (2) A foreign national is inadmissible on grounds of criminality for (a) having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence; (b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament; (c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or (d) committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations. -
A Timely History of Cheating and Fraud Following Ivey V Genting Casinos (UK)
The honest cheat: a timely history of cheating and fraud following Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67 Cerian Griffiths Lecturer in Criminal Law and Criminal Justice, Lancaster University Law School1 Author email: [email protected] Abstract: The UK Supreme Court took the opportunity in Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67 to reverse the long-standing, but unpopular, test for dishonesty in R v Ghosh. It reduced the relevance of subjectivity in the test of dishonesty, and brought the civil and the criminal law approaches to dishonesty into line by adopting the test as laid down in Royal Brunei Airlines Sdn Bhd v Tan. This article employs extensive legal historical research to demonstrate that the Supreme Court in Ivey was too quick to dismiss the significance of the historical roots of dishonesty. Through an innovative and comprehensive historical framework of fraud, this article demonstrates that dishonesty has long been a central pillar of the actus reus of deceptive offences. The recognition of such significance permits us to situate the role of dishonesty in contemporary criminal property offences. This historical analysis further demonstrates that the Justices erroneously overlooked centuries of jurisprudence in their haste to unite civil and criminal law tests for dishonesty. 1 I would like to thank Lindsay Farmer, Dave Campbell, and Dave Ellis for giving very helpful feedback on earlier drafts of this article. I would also like to thank Angus MacCulloch, Phil Lawton, and the Lancaster Law School Peer Review College for their guidance in developing this paper. -
Project No 69
THE LAW REFORM COMMISSION OF WESTERN AUSTRALIA Project No 69 The Criminal Process And Persons Suffering From Mental Disorder DISCUSSION PAPER FEBRUARY 1987 The Law Reform Commission of Western Australia was established by the Law Reform Commission Act 1972-1985. The Commissioners are - Mr P W Johnston, Chairman Mr C W Ogilvie Mr J R Packington Ms M E Rayner The officers are Executive Officer and Director of Research - Dr P R Handford Research Officers - Mr M G Boylson Mr R W Broertjes Mr A A Head PREFACE The Commission has been asked to consider and report on a number of aspects of the law relating to the criminal process and persons suffering from mental disorder. The Commission has not formed a final view on the issues raised in this discussion paper and welcomes the comments of those interested in the topic. It would help the Commission if views were supported by reasons. The Commission requests that comments be sent to it by 16 April 1987. Unless advised to the contrary, the Commission will assume that comments received are not confidential and that commentators agree to the Commission quoting from or referring to their comments, in whole or part, and to the comments being attributed to them. The Commission emphasises, however, that any desire for confidentiality or anonymity will be respected. The research material on which this paper is based can be studied at the Commission's office by anyone wishing to do so. Comments should be sent to - Dr P R Handford Executive Officer and Director of Research Law Reform Commission of Western Australia 16th Floor, St Martins Tower 44 St George's Terrace PERTH WA 6000 Telephone: (09) 325 6022 Contents Paragraph CHAPTER 1 - TERMS OF REFERENCE 1.1 CHAPTER 2 - INTRODUCTION 1. -
Conspiracy and Attempts Consultation
The Law Commission Consultation Paper No 183 CONSPIRACY AND ATTEMPTS A Consultation Paper The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Honourable Mr Justice Etherton, Chairman Mr Stuart Bridge Mr David Hertzell Professor Jeremy Horder Kenneth Parker QC Professor Martin Partington CBE is Special Consultant to the Law Commission responsible for housing law reform. The Chief Executive of the Law Commission is Steve Humphreys and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ. This consultation paper, completed on 17 September 2007, is circulated for comment and criticism only. It does not represent the final views of the Law Commission. The Law Commission would be grateful for comments on its proposals before 31 January 2008. Comments may be sent either – By post to: David Hughes Law Commission Conquest House 37-38 John Street Theobalds Road London WC1N 2BQ Tel: 020-7453-1212 Fax: 020-7453-1297 By email to: [email protected] It would be helpful if, where possible, comments sent by post could also be sent on disk, or by email to the above address, in any commonly used format. We will treat all responses as public documents in accordance with the Freedom of Information Act and we will include a list of all respondents' names in any final report we publish. Those who wish to submit a confidential response should contact the Commission before sending the response. We will disregard automatic confidentiality disclaimers generated by an IT system. -
Module 1: Definition of Trafficking in Persons and Smuggling of Migrants
Vienna International Centre, PO Box 500, 1400 Vienna, Austria Tel.: (+43-1) 26060-0, Fax: (+43-1) 26060-5866, www.unodc.org Anti-human trafficking manual for criminal justice practitioners Module 1 Printed in Austria V.09-80667—August 2009—300 1 UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Anti-human trafficking manual for criminal justice practitioners Module 1: Definitions of trafficking in persons and smuggling of migrants UNITED NATIONS New York, 2009 The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or bounda- ries. Countries and areas are referred to by the names that were in official use at the time the relevant data were collected. This publication has not been formally edited. Module 1: Definitions of trafficking in persons and smuggling of migrants Objectives On completing this module users will be able to: " Recall the elements of trafficking in persons and smuggling of migrants as defined by the relevant United Nations protocols; " Contrast the elements of the definitions of trafficking in persons and the smuggling of migrants; " Explain the meaning of the elements “act, “means” and purpose” in trafficking in persons cases; " Understand the issue of consent in a trafficking in persons case and how consent is vitiated; " List some of the underlying offences to trafficking in persons; " Recall factors on deciding the jurisdiction for prosecution of trafficking in persons cases. -
Inchoate Offences Conspiracy, Attempt and Incitement 5 June 1973
N.B. This is a Working Paper circulated for comment and criticism only. It does not represent the final views. of the Law Commission. The Law Cominission will be grateful for comments before 1 January 1974. All correspondence should be addressed to: J.C. R. Fieldsend, Law Commission, Conquest Hoiis e, 37/38 John Street, Theobalds Road, London WC1N 2BQ. (Tel: 01-242 0861, Ex: 47) The Law Commission Working Paper No 50 Inchoate Offences Conspiracy, Attempt and Incitement 5 June 1973 LONDON HER MAJESTY’S STATIONERY OFFICE 1973 @ Crown copyright 1973 SBN 11 730081 0 THE LAW COMMISSION WORKING PAPER NO. 50 Second Programme, Item XVIII CODIFICATION OF THE CRIMINAL LAW GENERAL PRINCIPLES INCHOATE OFFENCES : CONSPIRACY, ATTEMPT AND INCITEMENT Introduction by the Law Commission 1. The Working Party' assisting the Commission in the examination of the general principles of the criminal law with a view to their codification has prepared this Working Paper on the inchoate offences. It is the fourth in a series' designed as a basis upon which to seek the views of those concerned with the criminal law. In pursuance of - its policy of wide consultation, the Law Commission is publishing the Working Paper and inviting comments upon it. 2. To a greater extent than in previous papers in this series the provisional proposals of the Working Party involve fundamental changes in the law which, we think, will prove much more controversial than those made in the other papers. The suggested limitation of the crime of conspiracy to 1. For membership see p. ix. 2. The others are "The Mental Element in Crime" (W.P. -
You've Been Charged with a Crime
YOU’VE been CHARGED with a CRIME What YOU NEED to KNOW 1 This booklet is intended to provide general information only. If you require specific legal advice, please consult the appropriate legislation or contact a lawyer. SECTION 1 You have been charged. Now what? 2 Kinds of offences 2 Your first court appearance 2 SECTION 2 Duty counsel 3 SECTION 3 If you don’t have a lawyer for the trial 4 SECTION 4 How do you get a lawyer? 4 SECTION 5 Legal Aid 4 SECTION 6 Other services 5 Student Legal Services of Edmonton 5 Student Legal Assistance of Calgary 5 Calgary Legal Guidance 5 Dial–a–Law 5 Elizabeth Fry Societies 5 Native Counselling Services of Alberta 5 SECTION 7 Where will the trial be? 6 SECTION 8 Pleading guilty 6 SECTION 9 Getting ready for trial when you have pled not guilty. 7 What if you or your witnesses do not speak English? 7 Find out what evidence there is against you 7 Preparing your defence 7 Bring your witnesses to court 7 SECTION 10 What happens in court? 8 SECTION 11 Sentencing 9 1 YOU’VE BEEN CHARGED NOW WHAT? If you are charged and are not YOUR FIRST COURT kept in custody, you will be given APPEARANCE a document (appearance notice, All criminal charges start out in promise to appear, summons to attend or recognizance). This the Provincial Court in front of a document will tell you when and Provincial Court judge. This is known where you have to appear in as the “first appearance.” You court. -
Mens Rea Principle and Criminal Jurisprudence in Nigeria*
MENS REA PRINCIPLE AND CRIMINAL JURISPRUDENCE IN NIGERIA* Abstract This paper discusses the possibility or otherwise of the application of the common law doctrine of mens rea in Nigerian criminal jurisprudence. Our study discovers that the relevant provisions of the Criminal Code are exhaustive for considering and deciphering the criminal intent, if any, of an accused in view of conviction and sentencing. This paper agrees totally with the principle that once local statutes contain sufficient provisions for a consideration of any relevant legal issue within a particular jurisdiction, it would no longer be apropos to undertake a voyage or have recourse to any legal system outside the jurisdiction. At best, one can only be persuaded by such extra-jurisdictional concerns. This paper finally makes some recommendations towards the improvement of the justice system in the relevant matters. Critical and hermeneutical approaches constitute our methodology. Introduction The doctrine of mens rea is a central distinguishing feature of criminal justice system in old common law traditions. Yet it is one very controversial principle which suffers from an untold degree of confusion in its meaning. This problem of fluidity in denotation becomes all the more manifest when the courts are faced with the task of determining the guilt or criminal liability of a suspect. Under English criminal law, this hermeneutical problem had been a result of sundry causes. First and foremost, there are two distinct though interconnected levels of meaning attributable to the expression mens rea, namely, the narrow and the broad. While the former signifies the specific mental element that is required to be defined and proved in respect of a particular offence, the latter refers to a general principle of criminal responsibility which demands proof of a guilty mind against the accused.