Home >
Law >
Criminal Law >
Smith's Law of Theft, 9th Edition

Smith's Law of Theft, 9th Edition

Author: David Ormerod; David Huw Williams
Publisher: Oxford University Press
ISBN: 9780199299898
Published In: October 2007
Format: Paperback , 560 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents
Author
Reviews

Details

Updated to take account of the Fraud Act 2006; new procedural issues arising from the fraud protocol; and the imminent introduction of judge-only trials
Contains full, amended text of relevant legislation including the Theft Acts, the Fraud Act, and the Fraud Protocol
Includes new chapter on conspiracy to defraud

New to this edition

New edition takes account of the Fraud Act which replaces numerous deception offences with new fraud offences
Contains full, amended text of relevant legislation including the Theft Acts and the Fraud Act
Includes new chapter on conspiracy to defraud
Updated to cover Hinks in the House of Lords on theft and gifts; new procedural issues arising from the fraud protocol; and the imminent introduction of judge fraud-only trials

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.

Readership: Primary market: Criminal law practitioners, prosecuting agencies (notably the CPS), and the Judiciary. Secondary market: Academics and postgraduates working in the area of property offences, and udergraduates studying criminal law courses.

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)

David Ormerod, Barrister, Bencher of Middle Temple, Professor of Criminal Justice Queen Mary College, and David Williams, Barrister, 18 Red Lion Court, London

"'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