Monday, May 18, 2020
Fences Within The Theft Act 1968 And 1978 - 2197 Words
The Fraud Act 2006 was introduced for the purpose of broadening the fraud offences that resided under the Theft Act 1968 and 1978. The implications of the offences within the Theft Act and Fraud Act will be critically discussed throughout the essay with the addition on how the changes in the law has made prosecuting offenders simpler. It is imperative to compare the two Acts, to allow a greater understanding from an investigators perspective if the enactment has had a positive impact. To support the points discussed, case law and legislation will be utilised appropriately. Prior to the Theft Act, the Larceny Act 1916 was in place for the purpose of providing a modern law on theft. Larceny was limited as an offence, as it was stated thatâ⬠¦show more contentâ⬠¦As ââ¬Ëdeceptionââ¬â¢ was restricted to human minds only, it excluded computers/machines, thus causing complications. A case that applies to this issue is R v Preddy [1996]. The defendant obtained loans by providing false information and was tried for S15 of the Theft Act. It was perceived that the money obtained was a chose in action and not property belonging to another, as a result, not making him liable for the charge. To resolve this issue, S15(a) was introduced ââ¬Ëobtaining a money transfer by deceptionââ¬â¢. This was solely created to ensure individuals who exploited machines and computers to commit an offence, could not escape conviction. There was still gaps within the amended Theft Act, thus, to alleviate this issue, the Law Commission formed a Fraud report in 2002 that recommended to abolish the offence of conspiracy to defraud, and the deception offences under the Theft act 1968 and 1978 to be repealed. As a result of this, the deception offences under the Theft Act was replaced by a single offence of fraud, however, the conspiracy to defraud offence was not abolished and the fraud offence broadened the way the felony can be perpetrated. There were issues raised with conspiracy to defraud. One being that it is heavy reliant on what the juryShow MoreRelatedMedia Law: Defamation, Copyright, Etc23627 Words à |à 95 Pagesthe various Australian jurisdictions than had existed beforehand. South Australia introduced the Defamation Act 2005 (SA) which commenced on 1 January 2006. The new Acts do not affect the operation of the general law in relation to the tort of defamation except to the extent that the Acts provide otherwise (whether expressly or by necessary implication): Defamation Act 2006 (SA) section 6. It is important to ensure that facts are correct prior to publication. Often it is theRead MoreMedia Law: Defamation, Copyright, Etc23639 Words à |à 95 Pagesthe various Australian jurisdictions than had existed beforehand. South Australia introduced the Defamation Act 2005 (SA) which commenced on 1 January 2006. 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