Counting Rules for Miscellaneous Crimes Against Society
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RE-VISITING the FRAUD ACT 2006 – a STEP TOO FAR? Hannah Willcocks
RE-VISITING THE FRAUD ACT 2006 – A STEP TOO FAR? Hannah Willcocks Brought into force on 15th January 2007,1 the Fraud Act 2006 (‘the Act’) has now been part of the criminal law of England and Wales for over 12 years. Through the introduction of a new general offence of fraud, its aim was to improve the law by making it: a. more comprehensible to juries, especially in serious fraud trials; b. a useful tool in effective prosecutions; c. simpler and therefore fairer; and d. more flexible so able to encompass all forms of fraud 2 and “deal with developing technology”.3 Following the Act’s implementation, it has generally4 been accepted5 that the Act has managed to overcome the vast majority of the difficulties previously encountered with the old offences of deception.6 In 2012, in its Post-Legislative Assessment of the Fraud Act 2006, the Ministry of Justice (‘MoJ’) concluded that the aims and objectives of the 1 The Fraud Act 2006 (Commencement) Order 2006 (SI 2006/3200). 2 Law Commission, Fraud (Law Com No 276, Cm 5560, 2002), para 1.6. 3 Home Office, Fraud Law Reform: Consultation on Proposals for Legislation (2004) p. 5. 4 For a contrary view see Anthony Arlidge QC, Jonathan Fisher QC, Alexander Milne QC and Polly Sprenger, Arlidge and Parry on Fraud (5th edn, Sweet & Maxwell 2016) 44, para 3-005. 5 See e.g. Simester and Sullivan’s Criminal Law, Theory and Doctrine (5th edn, Hart Publishing Ltd 2013) 610; Andrew Ashworth & Jeremy Horder, Principles of Criminal Law (7th edn, Oxford University Press 2013) 405; Carol Withey ‘The Fraud Act 2006 – some early observations and comparisons with the former law’ (2007) 71(3) Journal of Criminal Law, 220 – 237, 228 – 236; Nicholas Yeo, ‘Bull’s-Eye’, 157 NLJ 212 & 418. -
Think Box 13.5
Loveless, Allen, and Derry: Complete Criminal Law 7e, Chapter 13 Thinking Point 13.1 Has D committed fraud by false representation under s2 Fraud Act 2006? An auction house sells a painting by Picasso, believing it to be genuine. It turns out to be a forgery. Do they have MR for s2? Answer guidance 1. AR: False representation MR: Knowledge that the representation is false, dishonesty and intention to make a gain/loss/risk loss to another. Any auction house will always harbour a suspicion about the authenticity of art. They will therefore know that their representation might be false. But in the absence of dishonesty, assessed objectively (Ivey) they will lack MR. Thinking Point 13.2 D applies for foreign travel insurance for a forthcoming holiday and deliberately fails to disclose a recent operation involving major surgery. Whilst on holiday, her condition deteriorates and she requires expensive medical treatment. She submits a claim for this under the insurance policy. Has she committed fraud under s3? Answer guidance Yes. Any type of insurance contract is one of ‘utmost good faith’ and D will have both a contractual and also a criminal duty to disclose relevant information. The presence of dishonesty and intent to make a gain/cause loss/expose another to risk of loss will secure conviction under s1. Dishonesty is assessed objectively. Thinking Point 13.3 Has D committed fraud under s4? 1. D, a Citizen’s Advice Bureau adviser, professing to offer free advice and assistance, obtains compensation of £5000 on behalf of an elderly client for whom she had taken legal proceedings. -
Crimes Act 2016
REPUBLIC OF NAURU Crimes Act 2016 ______________________________ Act No. 18 of 2016 ______________________________ TABLE OF PROVISIONS PART 1 – PRELIMINARY ....................................................................................................... 1 1 Short title .................................................................................................... 1 2 Commencement ......................................................................................... 1 3 Application ................................................................................................. 1 4 Codification ................................................................................................ 1 5 Standard geographical jurisdiction ............................................................. 2 6 Extraterritorial jurisdiction—ship or aircraft outside Nauru ......................... 2 7 Extraterritorial jurisdiction—transnational crime ......................................... 4 PART 2 – INTERPRETATION ................................................................................................ 6 8 Definitions .................................................................................................. 6 9 Definition of consent ................................................................................ 13 PART 3 – PRINCIPLES OF CRIMINAL RESPONSIBILITY ................................................. 14 DIVISION 3.1 – PURPOSE AND APPLICATION ................................................................. 14 10 Purpose -
Victoria Police Force
If you have issues viewing or accessing this file contact us at NCJRS.gov. -----~~. -------~ ., .-., )\ '.;.. I t· (J ;f// '. ~\ i:.· .. Ii' ::1)" ,1-,';'" \. .ti} r.? ~, : .. j",C::::i r[. o "1 ~ . I o .~ '\ o 1I .-v,. \ 'i~.. , I\' " '; o l~ I ,zl ." I ·t• r? /I. :/ ,"; o ... 1: --- -~--~~----::-- --"... ··~,-,-.-·"~ ... ·l'~""-,.v.~ -. ::1{-~'~'"':~:':~""""----"" ~ .. < ~~, - - ~ 'l • ,~-'-'-"-----<+.-~-~~'~"' "I) VICTORIA t " POLICE ANNUAL I'· J( REPORT .~, 1981 ) '. (,I C .. U.S. Department 01 Justice 86657 National Institute of Justice This document has been exactly from the reproduc~d af~;eceived \ .\ person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or polic).es of the National Institute of i 11 i Justice. I Permissioh to reproduce this copyrighted material has been ! granted by (. ! <I I. Victoria Police Department i I I to the National Criminal Justice Reference Service (NCJRS). f,p I Further reproduction outside of the NCJRS system requires permis sion of the copyright owner, I i " ~',) ~ a ,-- -- ~ __~F""-'-- - ~- ~-- -~- -- VICTORIA r , I ,I . i Report and Financial Statement of the VICTORIA POLICE FORCE for the Year ended 31 Decenlber 1981 Ordered by the Legislative Assembly to be printed ", ,.,.d ..' , .' : ' . , \ , \ ACQUISHTnONS '. MELBOURNE F D ATKINSON GOVERNMENT PRINTER 1982 No. 22 Preceding I a . page blank 10 f t f " ... The Hon. C.R. T. Mathews, M.P., Minister for Police and Emergency Services, Parliament House, MELBOURNE Dear Minister, I have pleasure in submitting to you, for the information of Parlia ment, the Annual Report and Statement of Accounts for the year ended 31st December, 1981. -
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. -
Dr Stephen Copp and Alison Cronin, 'The Failure of Criminal Law To
Dr Stephen Copp and Alison Cronin, ‘The Failure of Criminal Law to Control the Use of Off Balance Sheet Finance During the Banking Crisis’ (2015) 36 The Company Lawyer, Issue 4, 99, reproduced with permission of Thomson Reuters (Professional) UK Ltd. This extract is taken from the author’s original manuscript and has not been edited. The definitive, published, version of record is available here: http://login.westlaw.co.uk/maf/wluk/app/document?&srguid=i0ad8289e0000014eca3cbb3f02 6cd4c4&docguid=I83C7BE20C70F11E48380F725F1B325FB&hitguid=I83C7BE20C70F11 E48380F725F1B325FB&rank=1&spos=1&epos=1&td=25&crumb- action=append&context=6&resolvein=true THE FAILURE OF CRIMINAL LAW TO CONTROL THE USE OF OFF BALANCE SHEET FINANCE DURING THE BANKING CRISIS Dr Stephen Copp & Alison Cronin1 30th May 2014 Introduction A fundamental flaw at the heart of the corporate structure is the scope for fraud based on the provision of misinformation to investors, actual or potential. The scope for fraud arises because the separation of ownership and control in the company facilitates asymmetric information2 in two key circumstances: when a company seeks to raise capital from outside investors and when a company provides information to its owners for stewardship purposes.3 Corporate misinformation, such as the use of off balance sheet finance (OBSF), can distort the allocation of investment funding so that money gets attracted into less well performing enterprises (which may be highly geared and more risky, enhancing the risk of multiple failures). Insofar as it creates a market for lemons it risks damaging confidence in the stock markets themselves since the essence of a market for lemons is that bad drives out good from the market, since sellers of the good have less incentive to sell than sellers of the bad.4 The neo-classical model of perfect competition assumes that there will be perfect information. -
Future Identities: Changing Identities in the UK – the Next 10 Years DR 19: Identity Related Crime in the UK David S
Future Identities: Changing identities in the UK – the next 10 years DR 19: Identity Related Crime in the UK David S. Wall Durham University January 2013 This review has been commissioned as part of the UK Government’s Foresight project, Future Identities: Changing identities in the UK – the next 10 years. The views expressed do not represent policy of any government or organisation DR19 Identity Related Crime in the UK Contents Identity Related Crime in the UK ............................................................................................................ 3 1. Introduction ......................................................................................................................................... 4 2. Identity Theft (theft of personal information) .................................................................................... 6 3. Creating a false identity ...................................................................................................................... 9 4. Committing Identity Fraud ................................................................................................................ 12 5. New forms of identity crime ............................................................................................................. 14 6. The law and identity crime................................................................................................................ 16 7. Conclusions ...................................................................................................................................... -
Combatting Online Harassment and Abuse: a Legal Guide for Journalists in England and Wales
MLA Safety Guide COMBATTING ONLINE HARASSMENT AND ABUSE: A LEGAL GUIDE FOR JOURNALISTS IN ENGLAND AND WALES June 2021 DISCLAIMER: This guide is for educational purposes only. Every situation is different. A person experiencing an online safety threat should listen to their instincts, discuss their concerns with trusted allies and experts in law enforcement or security. This guide is and should not be relied upon as legal advice. Specialist legal advice should be sought based upon the particular circumstances in which it is needed. 1 MLA Safety Guide Acknowledgements This guide has been written by Beth Grossman, a barrister at Doughty Street Chambers specialising in media law. Strategic input has been provided by Caoilfhionn Gallagher QC, a leading expert in international human rights law and the safety of journalists. This guide draws upon her experience of having advised and assisted journalists dealing with online harassment and fearing for their safety. The guide was commissioned by the Media Lawyers’ Association (MLA) and the Department for Digital, Culture, Media and Sport (DCMS). The DCMS commissioned this report as part of its commitment to the National Action Plan for Journalists’ Safety. However, the guide is entirely independent of the DCMS. The MLA is an association of in-house media lawyers from newspapers, magazines, book publishers, broadcasters and news agencies. It was formed to promote and protect freedom of expression, and the right to receive and impart information, opinions and ideas. Its members include in-house lawyers from all of the major UK publishers and broadcasters as well as international news organisations. Our thanks go to Cian Murphy,Sophie Argent, Zoe Norden and John Battle for their assistance with the preparation of this guide. -
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 Comparative Study of White Collar Crime Prosecution in the United States and the United Kingdom Daniel Huynh
Journal of International Business and Law Volume 9 | Issue 1 Article 5 2010 Preemption v. Punishment: A Comparative Study of White Collar Crime Prosecution in the United States and the United Kingdom Daniel Huynh Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/jibl Recommended Citation Huynh, Daniel (2010) "Preemption v. Punishment: A Comparative Study of White Collar Crime Prosecution in the United States and the United Kingdom," Journal of International Business and Law: Vol. 9: Iss. 1, Article 5. Available at: http://scholarlycommons.law.hofstra.edu/jibl/vol9/iss1/5 This Article is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Journal of International Business and Law by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Huynh: Preemption v. Punishment: A Comparative Study of White Collar Cri PREEMPTION V. PUNISHMENT: A COMPARATIVE STUDY OF WHITE COLLAR CRIME PROSECUTION IN THE UNITED STATES AND THE UNITED KINGDOM Daniel Huynh * I. INTRODUCTION Compared to most types of crime, white collar crime is a relatively new phenomenon. After several high profile cases in the mid-1900's in the United States, white collar crime emerged into the national spotlight. The idea materialized that there should be a separate and distinct category of crime aside from the everyday common crimes, like murder or burglary. More recently, large-scale scandals and frauds have been uncovered worldwide -
Australian Capital Territory
AUSTRALIAN CAPITAL TERRITORY Imperial Acts Application Ordinance 1986 No. 93 of 1986 I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910. Dated 18 December 1986. N. M. STEPHEN Governor-General By His Excellency’s Command, LIONEL BOWEN Attorney-General An Ordinance relating to the application in the Territory of certain Acts of the United Kingdom Short title 1. This Ordinance may be cited as the Imperial Acts Application Ordinance 1986.1 Commencement 2. (1) Subject to this section, this Ordinance shall come into operation on the date on which notice of this Ordinance having been made is published in the Gazette. (2) Sub-section 4 (2) shall come into operation on such date as is fixed by the Minister of State for Territories by notice in Gazette. (3) Sub-section 4 (3) shall come into operation on such date as is fixed by the Minister of State for Territories by notice in the Gazette. Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Imperial Acts Application No. 93 , 1986 2 Interpretation 3. (1) In this Ordinance, unless the contrary intention appears—“applied Imperial Act” means— (a) an Imperial Act that— (i) extended to the Territory as part of the law of the Territory of its own force immediately before 3 September 1939; and (ii) had not ceased so to extend to the Territory before the commencing date; and (b) an Imperial Act, other than an Imperial