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Deception" was a legal term of art used in the definition of statutory offences in England and Wales and Northern Ireland. It is a legal term of art in the Republic of Ireland. Until 2007, in England and Wales, the main deception offences were defined in the Theft Act 1968 and the Theft Act 1978.
The Model Penal Code, promulgated by the American Law Institute to help state legislatures update and standardise their laws, [69] includes categories of theft by unlawful taking or by unlawfully disposing of property, theft by deception , theft by extortion, theft by failure to take measures to return lost or mislaid or mistakenly delivered ...
The Court of Appeal considered sentencing policy for deception offences involving "identity theft" – an increasingly common phenomenon. The defendant had a drug problem and it was argued that a drug treatment and testing order might be the more appropriate response, but the court concluded that a prison sentence was required.
This section creates the offence of theft.This definition is supplemented by sections 2 to 6. The definition of theft under the Theft Act 1968 is: A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and "thief" and "steal" shall be construed accordingly.
The modern concept is a deception and it is used as the common basis of the actus reus (the Latin for "guilty act") in the deception offences under the Theft Act 1968 and in the Theft Act 1978. The Fraud Act 2006 repealed these latter two acts and replaced deception offences with other offences.
The Theft Act 1978 [1] (c. 31) is an act of the Parliament of the United Kingdom. It supplemented the earlier deception offences contained in sections 15 and 16 of the Theft Act 1968 by reforming some aspects of those offences and adding new provisions. See also the Fraud Act 2006. [3]
The "theft" of one's personal information or identity, like finding another's social security number and then using it as identification, is a type of fraud. Fraud can be committed through and across many media including mail , wire , phone , and the Internet ( computer crime and Internet fraud ).
The offence was created by section 16 [3] of the Theft Act 1968.At the time of its repeal it read: (1) A person who by any deception dishonestly obtains for himself or another any pecuniary advantage shall on conviction on indictment be liable to imprisonment for a term not exceeding five years.