Criminal Law Theft and Fraud - 3708 Words

Criminal Law, 26/04/11, Dr.Filletti Theft No definition of the offence of theft; Carrara gives us a definition which has been taken up by our courts, â€Å"The malicious taking of an object belonging to others without the owner’s consent with the intent to make gain.† This is the definition which our court uses, our law simply creates one distinction for these offences. The law creates two types of theft: Simple Theft and Aggravated Theft. Simple Theft: First element is â€Å"contrectazio† this is the taking away, this element has 3 schools of thought: 1. Carrara: Says amozio (movement), as soon as you have movement of the object, or as soon as the offender lays his hands on the object and simply moves it the offence of theft is complete.†¦show more content†¦Violence: Manzini writes that violenece doesn’t have to be addressed to the victim but against any other person present during the crime. This is because the fundamental element of aggravation and applies to all aggravations is that the aggravation must have facilitated the commission of the crime. This was established in Pulizija vs Emmanuel Testa, Testa was a bus conductor who was charged with violent indecent assault for having groped an 18 year old’s breast on a bus. Was charged with violent indecent assault aggravated by a public office, the fact alone that he was a bus conductor, as a public officer. But this position as a public did not facilitate the aggravation and the court agreed that it did not facilitate the crime. So he couldn’t get an aggravation because he was a public officer. Our law speaks of bodily harm or threats of bodily harm, there must be real or perceived bodily harm. What is essential is that this threat must necessarily be an influence on the victim’s mind. Violence can be used against a thing in so far as it instils fear of further harm to one’s self. The violence and the threat has to be such that it instils fear into the victim. Another form is violenza numerica , more than 2 thieves present themselves. By the term present themselves they don’t need to know they are all there, the victim has to know there are more than two they need not be in front of the victim. The rule is that you have to beShow MoreRelatedCriminal Law - Theft Fraud Notes4540 Words   |  19 PagesExtract from the 3rd Edition of Lacey, Wells and Quick, Reconstructing Criminal Law (CUP 2003) Chapter 4 II.a.i. The History of Theft William Blackstone’s Commentaries, written in the middle of the eighteenth century, represent one of the first systematic expositions of the common law. His volume on criminal offences included a substantial section on ‘offences against private property’: William Blackstone, Commentaries on the Laws of England 1765 Vol. IV p.230 Simple larciny then is the feloniousRead MoreIdentity Theft and Fraud: A Major Threat to the Australian Community1442 Words   |  6 PagesIdentity theft/fraud is becoming a major threat to the Australian community as technology advances. This section of crime produces substantial profits for offenders and causes considerable financial and emotions harm to the victims (Australian federal police, 2014). With this increasing alarm around identity theft/fraud in Australia, there has to be strong legal actions available to counteract the issue. Identity theft/fraud can be defined as a crime of obtaining the personal or financial informationRead MoreIdentity Theift Essay1672 Words   |  7 PagesIdentity theft is a term used to refer to all types of crime in which someone wrongfully obtains and uses another persons personal data in some way that involves fraud or deception, typically for economic gain. Unlike your fingerprints, which are unique to you and cannot be given to someone else for their use, your personal data  ¬ especially your Social Security number, your bank account or credit card number, your telephone calling card number, and other valuable identifying data  ¬ can be usedRead MoreEssay on Identity Theft895 Words   |  4 PagesIdentity Theft This paper will cover the topic of identity theft via the internet, phone and several other schemes. It will identify various ways in which your identity is stolen and ways which you can safeguard yourself from being victimized. I will also report what the Department of Justice is doing and the penalties associated with these crimes. nbsp;nbsp;nbsp;nbsp;nbsp;Identity fraud is use of a persons name, social security number or other personal identifying information. Once armedRead Moreâ€Å"According to the Australian Bureau of Statistics Personal Fraud Survey 2010-11, an estimated total1500 Words   |  6 Pagesâ€Å"According to the Australian Bureau of Statistics Personal Fraud Survey 2010-11, an estimated total of 1.2 million Australians aged 15 years and over were victim of at least one incident of identity fraud in the 12 months prior to the survey interview..† (Afp.gov.au, 2014) Identity fraud is a type of fraud that involves illegally pretending to be somebody else for a beneficial gain. This can result in emotional and/or financial devastation. This is a very common legal issue facing Australian stakeholdersRead MoreThe Globalization of White Collar Crimes: An Inside Look of How Fraud, Embezzlement, Cybercrime, Identity Theft and Forgery Are Increasing World-Wide794 Words   |  4 PagesInside Lo ok of How Fraud, Embezzlement, Cybercrime, Identity Theft and Forgery Are Increasing World-Wide In this paper I will examine some of the aspects of white collar crimes such as: fraud, embezzlement, cybercrimes, identity theft and forgery. I will explain what each of these are pertaining to criminal justice and how they relate to one another. And I will conclude by how each of these topics are growing into global problems. According to Criminal-Law-Lawyer-Source.com â€Å"Fraud is the act of deliberatelyRead MoreComputer Access and Information Storage1730 Words   |  7 Pagesspecific laws to regulate the use of computers and storage of data as well as new forensic techniques and tools to investigate such offences. Following this, computer forensic investigators are becoming a necessity for lawyers and barristers as support in both criminal and civil proceedings. â€Æ' What legislation exists in Ireland to handle computer crime? Ireland does not have exclusive law that would deal with computer crime as such, but has two laws that can handle computer crimes. Criminal DamageRead MoreIdentity Theft : Trends And Issues1224 Words   |  5 Pages Identity Theft: Trends and Issues Identity Theft: Trends and Issues Identity theft is the fastest growing fraud crime in America (Finklea, 2009). Gaining knowledge in preventing theft will better the economy and lower the crime rates in America. There are reported 9.9 million victims of identity theft and this number is increasing rapidly as the years go on. It has been reported that an estimate of fifty billion dollars has been charged to our consumersRead MoreIdentity Theft As An Offence1200 Words   |  5 PagesIdentity Theft as an offence: Model criminal law officers’ committee formulated a report on identity crime. Using the term identity crime, they included all the commencements which relate to identity theft and identity fraud. The committee recommended the creation of the following crime model offences: 1. Dealing in identification of information 2. The holding of identification information with the intent of committing, or facilitating the directive of, an indictable offence. 3. Possession of equipmentRead MoreMgmt 330 Mid Term Study Guide966 Words   |  4 Pagesdeprived of life, liberty or property without due process of law.†; (Procedural) -Procedures depriving an individual of her rights must be fair and equitable. -Constitution requires adequate notice and a fair and impartial hearing before a disinterested magistrate. (Substantive) -Focuses on content or substance of legislation. -Laws limiting fundamental rights (speech, privacy, religion) must have a â€Å"compelling state interest.† -Laws limiting non-fundamental rights require a â€Å"rational basis