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Full-Text Articles in Law
New Zealand's Approach To Dishonesty, Alex Steel
New Zealand's Approach To Dishonesty, Alex Steel
Alex Steel
This is an updated and abridged version of an earlier article "The Meanings of Dishonesty in Theft" Common Law World Review 38 (2009): 103-136( http://works.bepress.com/alex_steel/17) . It compares New Zealand, English, Canadian and Australian meanings of dishonesty in theft.
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 …
Consorting In New South Wales: Substantive Offence Or Police Power?, Alex Steel
Consorting In New South Wales: Substantive Offence Or Police Power?, Alex Steel
Alex Steel
Since 1929 it has been an offence in New South Wales to habitually consort with reputed/convicted criminals. This article outlines the fears over so-called razor gangs that led to the offence's introduction and the role of the media in promoting the enactment of the offence. A detailed examination of the scope of the various elements of the offence, as defined by the courts is also provided. The paper also examines the historical and current use of the offence by police, and the degree of discretion involved in enforcement. The breadth of the offence is such that it effectively amounts to …
A Non-Material Form Of Copyright: The Strange History Of Lecturer’S Copyright, Alex Steel
A Non-Material Form Of Copyright: The Strange History Of Lecturer’S Copyright, Alex Steel
Alex Steel
This article traces the history of a specific copyright in the spoken word in private lectures, a copyright that did not require the words to be reduced to material form in order to gain protection. In the early to mid 1800’s much money could be made from the giving of lectures, and private lecturers were searching for ways to protect their livelihood. The first case to successfully prevent the unauthorised reprinting of lectures was Abernethy v Hutchinson (1825); generally considered to be the case which formed the basis for the action for breach of confidence. This was a case about …