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Summary Criminal Law LL108 - Theft and Fraud

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These notes are a complete collection of my lecture notes, reading, and extra investigation into the the particular topic. They are fully structured, and have a contents page at the very top, in order to ensure that the ideas and arguments within are easy to navigate. At certain points, I have arranged the notes into an argumentative form. This means that I have taken certain ideas, organised them into arguments, and presented both sides of a contentious proposition. This allows future students to have mini essay plans that they can use to answer parts of an exam question, without having to make major modifications to what they have learnt or, even worse, come up with new arguments on the spot.

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Uploaded on
June 19, 2017
Number of pages
42
Written in
2016/2017
Type
Summary

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Criminal Law (LL108) - Theft and Fraud

Contents

Theft
1. The Modern Definition of Theft
1.1. The Theft Act 1968
2. What constitutes appropriation?
2.1. D can appropriate without literally ‘taking away’
2.2. Does appropriation require a lack of consent? The development of the case law
2.3. The current law on appropriation: Gomez and Hinks
3. Dishonesty
3.1. The Ghosh test
3.2. Normative issues
4. Case Notes
4.1. Actus Reus
4.2. Mens Rea



Fraud
1. The old system of Fraud offences
1.1. Issues
2. The Fraud Act 2006
2.1. The Basics
2.2. The structure of the Fraud Act
3. Differences between the old system and the new
4. The specific elements of fraud-related offences
4.1. Dishonesty
4.2. Actus Reus
4.3. Mens Rea
5. The Theory: Why is Fraud Criminalised?
6. Ormerod’s criticisms of the Fraud Act, and Gardner’s response
7. Case Notes

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