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Articles 1 - 5 of 5
Full-Text Articles in Law
Permanent Borrowing And Lending: A New View Of Section 6 Theft Act 1968, Alex Steel
Permanent Borrowing And Lending: A New View Of Section 6 Theft Act 1968, Alex Steel
Alex Steel
This paper considers the meaning and interpretation of the extended definition of “intention of permanently depriving” in the English Theft Act 1968 s 6. The article analyses the various judicial interpretations of the section, pointing out that a lack of reporting of decisions has led to inconsistent approaches to the section. The article uses transcripts of the full judgments to provide a detailed consideration of each case’s reasoning. Drawing on these reasons, a new way of approaching the section is suggested. On this approach the section is primarily one that deems certain actions to amount to an intention to permanently …
Commercial Fraud: Cases And Commentary, Alex Steel
Commercial Fraud: Cases And Commentary, Alex Steel
Alex Steel
This monograph - published online - is a detailed analysis of theft and fraud laws in NSW. It was developed for UNSW Law students because of a lack of any up to date commercially published text on theft and fraud. It contains extracts and commentary on all key offences and caselaw. The law was current as of 2008.
Taking Possession: The Defining Element In Theft, Alex Steel
Taking Possession: The Defining Element In Theft, Alex Steel
Alex Steel
This article argues that the Theft Act 1968 (UK) c 60 and subsequent legislative developments in Australia have overlooked the principle of preventing public violence that was historically a justification for the common law offence of larceny. The article outlines the English Criminal Law Revision Committee’s decision to amalgamate previously separate offences into one overarching theft offence in the Theft Act 1968 (UK) c 60. It then describes the historical development of the common law offence of larceny, and its basis in the protection of the possessory rights of victims. The author argues that the restriction of the term ‘property …
Problematic And Unnecessary? Issues With The Use Of The Theft Offence To Protect Intangible Property, Alex Steel
Problematic And Unnecessary? Issues With The Use Of The Theft Offence To Protect Intangible Property, Alex Steel
Alex Steel
This article questions whether misuse of intangible property should fall within the scope of theft — an issue on which Australian jurisdictions are currently divided. It provides an overview of the traditional limitation of larceny to moveable property and some of the difficult issues of interpretation of the modern theft offence that are related to the inclusion of intangible property. It then examines in detail a number of forms of intangible property to see if any of them are capable of forming the basis of a theft charge. The conclusion made is that intangible property is either unable to form …
The Harms And Wrongs Of Stealing: The Harm Principle And Dishonesty In Theft, Alex Steel
The Harms And Wrongs Of Stealing: The Harm Principle And Dishonesty In Theft, Alex Steel
Alex Steel
In ‘On the Nature and Rationale of Property Offences’ A P Simester and G R Sullivan argue that the Harm Principle can be used to justify property offences. This article provides a critique of that essay. It begins with an overview of the Harm Principle and some key criticisms of it. It then considers Simester and Sullivan’s argument that the conduct proscribed by property offences causes harm to the property regime generally. The article suggests that this is an overly broad notion of harm on which to base criminalisation, and one that fails to adequately identify which particular breaches of …