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The Offence of Theft under the 1968 Theft Act should have been straightforward. Unfortunately, the courts have interpreted it to become illogical and confusing. Discuss
Title: The Offence of Theft under the 1968 Theft Act should have been straightforward. Unfortunately, the courts have interpreted it to become illogical and confusing. Discuss
Category: Law & Government
Details: Words: 4918 | Pages: 20.9 (approximately 235 words/page)
The Offence of Theft under the 1968 Theft Act should have been straightforward. Unfortunately, the courts have interpreted it to become illogical and confusing. Discuss
A semi optimistic article was published just prior to the Theft Act 1968 in the Modern Law Review, regarding the overhaul of the then law of theft, identifying some of the grass-roots problems instigating the major reconsideration (1):
·Making the law easier to understand
·Reducing complexity and uncertainty
·To focus on ownership rights and not possessory rights
·To overcome a myriad of inconsistencies under the …showed first 75 words of 4918 total…
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…showed last 75 words of 4918 total…contradictory interpretations evidenced by Preddy and Marshall in the court's attempt to catch the thieves.
Even the Law Commission has acknowledged the defective law on theft (71). A radical overhaul of the Law is needed, but no such proposals are imminent.
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70.<Tab/>D.W. Elliott, "Dishonesty in Theft: A Dispensable Concept", CLR (1982) p395 at 407
71.<Tab/>Report No. 218, Legislating the Criminal Code - Offences Against the Person and General Principles, 1993
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