Smith's Law of Theft

Smith's Law of Theft


By (author) Professor David Ormerod, By (author) David Williams


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  • Publisher: Oxford University Press
  • Format: Paperback | 560 pages
  • Dimensions: 170mm x 241mm x 28mm | 971g
  • Publication date: 7 December 2007
  • Publication City/Country: Oxford
  • ISBN 10: 0199299897
  • ISBN 13: 9780199299898
  • Edition: 9, Revised
  • Edition statement: 9th Revised edition
  • Sales rank: 583,578

Product description

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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Author information

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).

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

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)