Cheating (law)
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Cheating (law)
At law, cheating is a specific criminal offence relating to property. Historically, to cheat was to commit a misdemeanour at common law. However, in most jurisdictions, the offence has now been codified into statute. In most cases the codified statutory form of cheating and the original common law offence are very similar, however there can be differences. For example, under English law it was held in ''R v Sinclair'' that " cheat and defraud is to act with deliberate dishonesty to the prejudice of another person's proprietary right." However, at common law a great deal of authority suggested that there had to be contrivance, such that the public were likely to be deceived and that "common prudence and caution are not sufficient security against a person being defrauded thereby". Examples of cheating upheld by the courts have included fraudulently pretending to have power to discharge a soldier, using false weights or measures, and playing with false dice. Definition In ...
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Criminal Offence
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), '' The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of ...
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Public Revenue
Government revenue or national revenue is money received by a government from taxes and non-tax sources to enable it to undertake public expenditure. Government revenue as well as government spending are components of the government budget and important tools of the government's fiscal policy. The collection of revenue is the most basic task of a government, as revenue is necessary for the operation of government, provision of the common good (through the social contract in order to fulfill the public interest) and enforcement of its laws; this necessity of revenue was a major factor in the development of the modern bureaucratic state. Government revenue is distinct from government debt and money creation, which both serve as temporary measures of increasing a government's money supply without increasing its revenue. Sources There are a variety of sources from which government can derive revenue. The most common sources of government revenue have varied in different places a ...
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Crimes
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), '' The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each ...
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Fraud Act 2006
The Fraud Act 2006 (c 35) is an Act of the Parliament of the United Kingdom which affects England and Wales and Northern Ireland. It was given royal assent on 8 November 2006, and came into effect on 15 January 2007. Purpose The Act gives a statutory definition of the criminal offence of fraud, defining it in three classes - fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. It provides that a person found guilty of fraud was liable to a fine or imprisonment for up to twelve months on summary conviction (six months in Northern Ireland), or a fine or imprisonment for up to ten years on conviction on indictment. This Act largely replaces the laws relating to obtaining property by deception, obtaining a pecuniary advantage and other offences that were created under the Theft Act 1978. These offences attracted much criticism for their complexity and difficulty in proving at court. Much of the Theft Act 1978 has been repealed, but ...
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Obtaining Property By Deception
Obtaining property by deception was formerly a statutory offence in England and Wales and Northern Ireland. England and Wales This offence was created by section 15 of the Theft Act 1968. Sections 15(1) and (2) of that Act read: This offence replaced the offence of obtaining by false pretences, contrary to section 32(1) of the Larceny Act 1916. Section 15 was repealed on 15 January 2007 by Schedule 3 to the Fraud Act 2006. Liability for offences by corporations Section 18 of the Theft Act 1968 applied in relation to section 15. Going equipped for cheat In section 25 of the Theft Act 1968, the word " cheat" meant an offence under section 15. By any deception The deception must be the operative cause of the obtaining of property, and this is a question of fact for the jury to decide, requiring proof that the victim would not have acted in the same way had they known the truth. In ''R v Laverty'' although the defendant put new number plates and a new chassis number on a ca ...
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Gaming Act 1845
The Gaming Act 1845 (8 & 9 Vict., c. 109) was an Act of the Parliament of the United Kingdom. The Act's principal provision was to deem a wager unenforceable as a legal contract. The Act received royal assent on 8 August 1845. Sections 17 and 18, though amended, remained in force until 1 September 2007. Background Increasing concern as to the damaging social effects of gambling gave rise to a select committee of the House of Commons whose recommendations were implemented by the Act. The policy of the Act was to discourage betting. However, following a 2001 report by Sir Alan Budd, in 2002, the UK government accepted that wagers should cease to be unenforceable as contracts, seeking to introduce a new liberalised regulatory regime in order to encourage the gambling industry. Repeals Sections 1 to 9 and 15 and 16 and 19 to 24 and 26, and the First and Second Schedules, were repealed by Part I of Schedule 6 to the Betting and Gaming Act 1960. Sections 10 to 14 and the Third Sch ...
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Criminal Appeal Reports (Sentencing)
The Criminal Appeal Reports (Sentencing), sometimes referred to as the Criminal Appeal (Sentencing) Reports, are a series of law reports of decisions which relate to sentencing. They are published by Sweet & Maxwell. Publication began in 1979. As of 2008, they were published six times each year. For the purpose of citation, their name may be abbreviated to "Cr App R (S)".Advanced Criminal Litigation in Practice. Oxford University Press. 2008Page 3 See also *Criminal Appeal Reports The Criminal Appeal Reports are a series of law reports of decisions of the Court of Criminal Appeal, the criminal division of the Court of Appeal and the House of Lords The House of Lords, also known as the House of Peers, is the upper ho ... References {{Reflist External links"Criminal A ...
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Criminal Law Review
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ...
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Criminal Appeal Reports
The Criminal Appeal Reports are a series of law reports of decisions of the Court of Criminal Appeal, the criminal division of the Court of Appeal and the House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ... from 15 May 1908 onwards. They are published by Sweet & Maxwell. Publication began in 1909 and have been edited by Daniel Janner since 1994. As of 2008, they were published ten times each year. For the purpose of citation, their name may be abbreviated to "Cr App R", or to "CAR". Glanville Williams criticised the layout of the index in each volume of these reports. Volume 1 contains, in addition to the reports, a copy of the Criminal Appeal Act 1907, sections 9(5) and (6) of the Costs in Criminal Cases Act 1908, the Criminal Appeal (Amendment) Act 1908, ...
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All England Law Reports
The All England Law Reports (abbreviated in citations to All ER) are a long-running series of law reports covering cases from the court system in England and Wales. Established in 1936, the All England Law Reports are a commercially produced alternative to the "official" reports produced by the Incorporated Council of Law Reporting (under the title The Law Reports). The reports encompass judgments with headnotes and catchwords from the House of Lords, both divisions of the Court of Appeal and all divisions of the High Court. The series contains cross-references The term cross-reference (abbreviation: xref) can refer to either: * An instance within a document which refers to related information elsewhere in the same document. In both printed and online dictionaries cross-references are important because ... and hypertext links to both other ''All England'' cases and legislation cited in the Report. The All England reports are published by LexisNexis Butterworths. A secon ...
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Weekly Law Reports
The Incorporated Council of Law Reporting for England and Wales (ICLR) is a registered charity based in London, England, that publishes law reports of English law. The company is widely recognised as a reputable producer of reports (and the only 'official' source), which are used by students, academics, journalists, lawyers and judges across the country. History The ICLR was founded in 1865 by W. T. S. Daniel QC, and its first meeting took place on 25 February at Westminster Hall, then the home of the Court of King's Bench, the Court of Common Pleas and the Court of Chancery. The council was incorporated under the Companies Act 1862 in 1870. Largely working "as a private enterprise without state aid or interference," the council "was not intended to be profit-making except in so far as it was necessary to make it self-supporting." Working on this principle, the Council applied in 1966 for registration to become an official charity under section 4 of thCharities Act 1960 Upon ...
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Hawkins' Treatise Of Pleas Of The Crown
''A Treatise of Pleas of the Crown; or, a system of the principal matters relating to that subject, digested under proper heads'' is an influential treatise on the criminal law of England, written by William Hawkins, serjeant-at-law, and later edited by John Curwood, barrister. It was first published in 1716 and went through eight editions, the lastArchbold Criminal Pleading, Evidence and Practice, table of abbreviations gives date of last edition of which was published in 1824. It is often cited as "Hawk.P.C." or some similar variation on this. See also *Books of authority References External links * Eighth edition of this book (1824) from Google Books Google Books (previously known as Google Book Search, Google Print, and by its code-name Project Ocean) is a service from Google Inc. that searches the full text of books and magazines that Google has scanned, converted to text using optical ...: ** Volume 1 (''Of criminal offences''** Volume 2 (''Of courts of crimi ...
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