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Tinkering with the Law on Theft and Fraud

14/04/2011

Introduction

The commentary which follows (click on the link below) was published in the New Zealand Law Journal in 1999, at [1999] NZLJ 85.  It took issue with the Court of Appeal’s approach to the crime of obtaining by false pretences as it applied to electronic funds transfer.  Also, with the subsequent recommendation of the NZ Law Commission to deal with the gap thought to have been exposed in the law by enacting an extension of the crime of dishonest use of a document, which had originally been conceived as a way of dealing with credit card fraud and the like but had become the default offence for all manner of perceptibly “dishonest” behaviour.  The enthusiasm for this approach was subsequently reflected in the Crimes Amendment Act of 2003, which introduced the new s. 228 – a crime which is far removed from historical concepts of criminal behaviour and comes close to a crime of dishonest thoughts.

R v Wilkinson – Tinkering with the Law of Theft and Fraud – this link is to the commentary as published in the NZ Law Journal, reproduced here by kind permission.


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