Monday, May 24, 2010

Management training at thermotron





Gee.. Don't you want to go-in-2 Management??


welll tom... you are way 2 CUrrupt 4 me... and u lie cheat and defraud your co-workers and the customer..

dosen't that make you a criminal Whore ??




Until 2007, in English law, the main deception offences were defined in the Theft Act 1968 (TA68), the Theft Act 1978 and the Theft (Amendment) Act 1996. This page deals only with ss15 and 16 TA68, both of which were repealed by the Fraud Act 2006. The same definition of deception applies in all the relevant offences.

Contents
1 Definition
1.1 Deliberate or reckless
1.2 Words or conduct
1.3 Fact or law
1.4 Present intentions
2 Deception and theft
3 Obtaining property by a deception
3.1 By any deception
3.2 Dishonestly
3.3 Obtains
3.4 Property
3.5 Belonging to another
3.6 Intention to permanently deprive
3.7 Problem resolved
4 Obtaining a pecuniary advantage
4.1 Mens rea
5 References


Definition

s15(4) provides that "deception" means:

any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or any other person.


Deliberate or reckless


A deception will be deliberate when the defendant knows that what he represents as true is untrue.

This is predominantly a subjective test, matching the general approach to establishing intentional behaviour.

The test of recklessness is also predominantly subjective to show that the defendant is aware that what is represented may or may not be true, excluding the extended meaning of recklessness in R v Caldwell [1982] AC 341.

Words or conduct

Deceptions are most commonly made by saying or not saying something significant, as in the advance fee fraud,

in which the defendant tells the victim that he is a rich person who needs discreetly to move money abroad, and wants to use the victim's bank account in return for a percentage of the money transferred.

Mere conduct, however, can also imply facts which are untrue.

Thus, wearing a particular uniform represents that the person is employed in that occupation, or writing a cheque supported by a cheque card represents that the writer has actual authority from the bank to use the card and that the bank will honour the cheque (see MPC v Charles (1977) AC 177).

If the defendant's words or conduct innocently represent something that later becomes untrue, or the defendant becomes aware the "victim" has made a mistake, they are obligated to correct the misunderstanding.

Failure to do so can amount to deception





No comments: