Smith's Law of Theft

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Smith's Law of Theft has long been established as the definitive work on the subject and is frequently cited in the appellate courts. Now in its ninth edition, the book provides a detailed and critical account of the law of theft and related dishonesty offences. It contains the full, amended text of relevant legislation (notably, the Theft Acts 1968, 1978, and 1996) together with a detailed analysis of the provisions of the statutes and the extensive case law which has grown up around them. This new edition has been comprehensively rewritten and updated to take full account of the Fraud Act 2006, which has replaced the deception offences with new fraud offences. There have been major changes in other areas of law besides fraud, and the authors offer expert analysis of case law developments such as Hinks in the House of Lords on theft and gift, jurisdictional issues arising from Smith; and of procedural changes introduced by the fraud protocol and the imminent introduction of judge only trials. A whole new chapter on conspiracy to defraud is included in the new edition, and the full text of the Fraud Act and the fraud protocol are included in the appendices.

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Product details

  • Paperback | 558 pages
  • 170 x 246 x 30mm | 938.93g
  • Oxford University Press
  • Oxford, United Kingdom
  • English
  • 9th Revised edition
  • 0199299897
  • 9780199299898
  • 956,814

About Law Commissioner for Criminal Law and Evidence and Professor of Criminal Justice at Queen Mary University of London David Ormerod

David Ormerod is Professor of Criminal Justice at Queen Mary's College, University of London.David is also a member of the Criminal Justice Council, and is a barrister at 18 Red Lion Court, London. He is the author of over 50 journal articles and book chapters, and several hundred case commentaries. He is the editor of Smith and Hogan, Criminal Law (11th ed. 2005), Smith and Hogan Cases and Materials on Criminal Law (9th ed. 2005). David is the Criminal Law Review Cases Editor; General Editor for Blackstone's Criminal Practice; and serves on the Editorial Boards of the International Journal of Evidence & Proof and Covert Policing Review. He lectures regularly to the profession and judiciary and has acted as a consultant to the Law Commission, Home Office and the Commonwealth Secretariat. David Huw Williams is a practising barrister specialising in criminal law and, more particularly, in cases involving serious and complex fraud. David Williams is a barrister at 18 Red Lion Court (called 1988). He is a leading junior in white collar criminal law and contributed to Fraud: Law & Practice (2004, LNUK).

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Review quote

'No one who prepares a case for trial on theft should do so without reading this book'. Clare Montgomery QC, Matrix Chambers 'A much-needed and comprehensive update of this leading work. In particular, the chapters on the Fraud Act 2006 offer a valuable analysis of that important new legislation'. Rt Hon Lord Justice Hooper

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Table of contents

1. Introduction ; The Theft Acts ; The Fraud Act 2006 ; Conclusion ; 2. Stealing under the Theft Act ; Actus Reus of Theft ; The Mens Rea of Theft ; 3. The Fraud Act 2006 ; Introduction ; Common Elements of the Fraud Offence ; Section 2: Fraud by False Representation ; Section 3: Fraud by Failing to Disclose Information ; Section 4: Fraud by Abuse of Position ; Section 11: Obtaining Services Dishonestly ; Other Fraud Act Provisions ; 4. Other Offences Involving Fraud ; False Accounting ; False Statements by Company Directors, etc ; Suppression, etc, of Documents ; 5. Conspiracy to Defraud ; Conspiract to Defraud Defined ; 6. Making off without Payment ; 7. Robbery ; 8. Burglary and Related Offences ; Burglary ; Burglary in Respect of a Dwelling ; Aggravated Burglary ; Trespass with Intent to Commit a Sexual Offence ; 9. Going Equipped and Possession of Articles to Commit Fraud ; Going Equipped ; Possession of Articles for Fraud ; Making or Supplying Articles for use in Frauds ; 10. Offences of Temporary Deprivation of Property ; Removal of Articles for Places Open to the Public ; Taking a Motor Vehicle or Other Conveyance Without Authority ; Taking a Conveyance ; Driving or Allowing Oneself to be Carried by a 'Taken' Conveyance ; Aggravated Vehicle-taking ; 11. Abstracting Electricity and Related Offences ; Abstracting Electricity ; Dishonest Telephone Use ; 12. Blackmail ; 13. Handling Stolen Goods and Related Offences ; Handling Stolen Goods ; Dishonestly Retaining a Wrongful Credit ; Advertising Rewards for Return of Goods Stolen or Lost ; Money Laundering ; Charging Money Laundering or Handling? ; 14. Procedure and Enforcement ; Case Management ; Search for Stolen Goods ; Restitution ; Deprivation ; Husband and Wife ; Privilege ; APPENDICES ; Appendix 1: Theft Act 1968 ; Appendix 2: Theft Act 1978 ; Appendix 3: Theft (Amendment) Act 1996 ; Appendix 4: Fraud Act 2006 ; Appendix 5: Criminal Law Act 1977 ss 1 and 5 ; Appendix 6: Proceeds of Crime Act 2002 ss 327-40 ; Appendix 7: Fraud Protocol: Control and Management of Heavy Fraud and Other Complex Criminal Cases ; Appendix 8: Guidance on the Use of the Common Law Offence of Conspiracy to Defraud ; Appendix 9: Criminal Procedure Rules on Case Management (Parts 1 and 3)

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