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Chapter

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ivey v Genting Casinos [2017] UKSC 67, Supreme Court. The document also included supporting commentary from author Jonathan Herring.

Chapter

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ivey v Genting Casinos [2017] UKSC 67, Supreme Court. The document also included supporting commentary from author Jonathan Herring.

Chapter

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ivey v Genting Casinos [2017] UKSC 67, Supreme Court. The document also included supporting commentary from author Jonathan Herring.

Chapter

This chapter considers the various circumstances in which a buyer may become the owner of the goods, notwithstanding that the seller is neither the owner of them, nor sold them with the owner’s consent. In the chapter, disputes concern not the seller but the owner of the goods and the buyer. The chapter presents a case that provides an example of the sort of problems which can arise in such disputes. A common theme in these types of cases is dishonesty, whereby the court will have to decide which of two innocent parties should suffer due to the dishonesty of another. This can arise in many different situations, such as where an innocent buyer buys goods from a seller who turns out to have stolen them or where a person obtains goods on hire purchase and dishonestly sells them before they have been paid for.

Chapter

This chapter considers the various circumstances in which a buyer may become the owner of the goods, notwithstanding that the seller is neither the owner of them, nor sold them with the owner’s consent. In the chapter, disputes concern not the seller but the owner of the goods and the buyer. The chapter presents a case that provides an example of the sort of problems which can arise in such disputes. A common theme in these types of cases is dishonesty, whereby the court will have to decide which of two innocent parties should suffer due to the dishonesty of another. This can arise in many different situations, such as where an innocent buyer buys goods from a seller who turns out to have stolen them or where a person obtains goods on hire purchase and dishonestly sells them before they have been paid for.

Chapter

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Gomez [1993] AC 442, House of Lords. The document also included supporting commentary from author Jonathan Herring.

Chapter

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Gomez [1993] AC 442, House of Lords. The document also included supporting commentary from author Jonathan Herring.

Chapter

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Gomez [1993] AC 442, House of Lords. The document also included supporting commentary from author Jonathan Herring.

Chapter

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Royal Brunei Airlines Sdn Bhd v Tan [1995] 2 AC 378, Privy Council. The document also includes supporting commentary from author Derek Whayman.

Chapter

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Royal Brunei Airlines Sdn Bhd v Tan [1995] 2 AC 378, Privy Council. The document also includes supporting commentary from author Derek Whayman.

Chapter

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Royal Brunei Airlines Sdn Bhd v Tan [1995] 2 AC 378, Privy Council. The document also includes supporting commentary from author Derek Whayman.

Chapter

This chapter examines the offence of fraud. It is a statutory offence that can be committed in one of three ways: by making a false representation; by failing to disclose information; and by abuse of position. Each has a different actus reus and mens rea, but for the most part liability turns on whether D was dishonest. The chapter also considers the related offences of obtaining services dishonestly, possession of articles for fraud, and making or supplying articles for use in frauds.

Chapter

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary and advice on study skills. This chapter presents sample exam questions on theft, fraud, and other property offences such as robbery and burglary, along with suggested answers. The law of property is vast, and contained in a number of different pieces of legislation. As this chapter explains, the Fraud Act 2006 was designed to replace many of the discrepancies and inconsistencies in the diverse provisions of the Theft Acts of 1968 and 1978. It pays to be methodical in approaching property problems. Dishonesty is an important concept throughout the property offences. The recent decision in Ivey v Genting Casinos, which has an important effect on the definition of dishonesty in criminal law, is dealt with in detail in this chapter.

Chapter

David Ormerod and Karl Laird

This chapter considers the offence of making off without payment. Under s 3 of the Theft Act 1978, a person is guilty of an offence if he dishonestly makes off without making payment as required or expected and with the intent of avoiding payment of the amount due. The offence aims to deal in a simple and straightforward way with a person who having consumed a meal in a restaurant, filled the tank of a car with petrol or reached their destination in a taxi, leaves without paying. Although factually simple, difficulties arise in prosecuting such cases as theft. The chapter covers various elements including goods supplied or service done, unenforceable debts and dishonesty.

Chapter

This chapter considers the offence of making off without payment. Under s 3 of the Theft Act 1978, a person is guilty of an offence if he dishonestly makes off without making payment as required or expected and with the intent to avoid payment of the amount due. The offence aims to deal in a simple and straightforward way with a person who having consumed a meal in a restaurant, or filled the tank of the car with petrol, or reached their destination in a taxi, leaves without paying. Although factually simple, difficulties arise in prosecuting such cases as theft. The chapter covers various elements including goods supplied or service done, unenforceable debts and dishonesty.

Chapter

This chapter discusses the tort of deceit. The common-law rules concerning liability for dishonesty were synthesised to create the tort of deceit at the end of the eighteenth century in Pasley v. Freeman, and the tort takes its modern form from the decision of the House of Lords in Derry v. Peek in 1889. Most of the cases concern non-physical damage, that is to say, financial or pure economic loss, although the tort can also extend to cover personal injuries and damage to property. The requirements of liability are as follows: the defendant must make a false statement of existing fact with knowledge of its falsity and with the intention that the claimant should act on it, with the result (4) that the claimant acts on it to his detriment.

Chapter

This chapter examines the law governing theft. It considers the extent to which the criminal law of theft conflicts with civil law concepts of property; whether it is possible to steal property that belongs to oneself; the types of property that may be stolen; and the extent to which it is possible to provide a definition of ‘dishonesty’. The test for dishonesty has been fundamentally altered by the Supreme Court and the Court of Appeal, developments which are analysed in this chapter.

Chapter

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the offence of theft. There are five elements of the offence of theft. Three are actus reus elements: appropriation; property; and belonging to another. There are two mens rea elements: dishonesty and intention to permanently deprive. The prosecution must prove all five elements in order for a conviction of theft to be successful. If one of the elements is missing, any prosecution for theft will fail.

Chapter

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the offence of fraud under the Fraud Act 2006. There are three ways in which fraud may be committed. Section 2 of the Fraud Act 2006 provides for fraud by false representation; s.3 provides for fraud by failing to disclose information; and s.4 provides for fraud by abuse of a position of financial trust. Dishonesty is common to all three of these ways of committing fraud. The defendant must intend, by making the representation, to make a gain for himself or another, or to cause loss to another, or to expose another to a risk of loss.

Chapter

John Child and David Ormerod

This chapter provides an overview of mens rea, loosely translated as ‘guilty mind’. Whereas the actus reus of an offence focuses on the accused’s conduct, the results of that conduct, and the circumstances in which it takes place (external elements), mens rea focuses on what is going on in the accused’s mind (internal elements). The chapter first considers the elements of criminal liability under mens rea versus actus reus before discussing the legal meaning of central mens rea terms such as ‘intention’, ‘negligence’, ‘dishonesty’, and ‘recklessness’ and how these terms work in the context of a whole offence. It also describes certain offences that require actus reus elements with no corresponding mens rea and vice versa. Finally, it outlines a structure for analysing the mens rea of an offence when applying the law in a problem-type question. Relevant cases are highlighted throughout the chapter.