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Postgraduate Handbook

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Commercial Fraud - LAWS9994
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.16667 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

This course examines the criminal law in NSW dealing with theft and fraud. It traces the development of the common law concepts of larceny and the legislative initiatives of false pretences through to more modern offences of forgery, obtaining by dishonesty, defrauding and computer-related offences. Emphasis is given to difficulties of applying the existing law to modern developments, in particular the use of the corporate vehicle in business and the problems of the meaning of property in electronic environments. The course is based on two streams of topics. The first provides a detailed analysis of the elements of current and proposed property and dishonesty offences. The second stream of topics examines definitions of fraud, the causes and motivations behind fraudulent activity, and particular forms of fraud that are currently prevalent.


LLM Specialisations

Corporate and Commercial Law; Corporate, Commercial and Taxation Law; Criminal Justice and Criminology.

Recommended Prior Knowledge

None

Course Objectives

Upon completing this course, it is expected that students will:
  • Understand the main legal concepts and principles of theft and fraud law in NSW and other Australian jurisdictions
  • Be able to identify and apply the appropriate offence to prohibited conduct, demonstrating this ability in answers to short problem questions
  • Appreciate the complexity of the social and political history in which these offences have developed and current issues with their scope and enforcement
  • Be able to engage with policy debates on law reform in this area
  • Have completed an independent research essay on a topic related to fraud law

Main Topics

  • Larceny
  • Fraudulence and dishonesty
  • Fraudulent conversion
  • Fraud: false pretences, obtaining by deception and false statements
  • Fraud: obtaining credit, valueless cheques, false accounting, false instruments
  • Receiving
  • Conspiracy to defraud
  • Theft Act and Model Criminal Code
  • Property issues and computer crimes

Assessment

Class participation Preparation and engagement in class 25%
Short problem questions 3 questions, 8% each, plus bonus mark 25%
Topic outline and literature review 500 words 5%
Research essay
4,000 words
 45%
 

Course Texts

Prescribed
Course Materials - order from UNSW Bookshop

Recommended
Refer to course materials.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.