Master of Laws by Coursework (LLM), Master of Law and Management (MLM), Graduate Diploma in Law (Grad Dip Law) or Master of Business Administration/Master of Law (MBA/LLM)
Recommended Prior Knowledge
None
LLM Specialisation
This course may be counted towards LLM specialisation in
Corporate and Commercial Law; Corporate, Commercial and Taxation Law; Criminal Justice and Criminology.
Units of Credit: 8
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.
The course is taught in a blended online and face to face format. There are two full day face to face classes - one held at the beginning and another towards the end of semester. The rest of the course conducted through online discussion boards.
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