This thesis examines whether identity theft is an offence in Barbados, England or Australia and, ... more This thesis examines whether identity theft is an offence in Barbados, England or Australia and, more fundamentally, considers if the criminalisation of the misconduct is justified by reference to the normative theories of harm and morality. The study is a doctrinal and theoretical one that draws on primary and secondary legal materials. Comparative examination of laws of relevance to identity-related misconduct are not new but this is the first involving these three countries, each of which presents a unique feature. More importantly, the thesis contributes to the literature on the special part of the criminal law by commencing detailed normative inquiry into the criminalisation of identity theft. Adopting a conceptualisation based on its folk origins, identity theft is taken to mean the assumption of another’s identity through the use of that person’s personal identification information. The study focuses on the harm which may arise from that core act as distinct from that which m...
This thesis examines whether identity theft is an offence in Barbados, England or Australia and, ... more This thesis examines whether identity theft is an offence in Barbados, England or Australia and, more fundamentally, considers if the criminalisation of the misconduct is justified by reference to the normative theories of harm and morality. The study is a doctrinal and theoretical one that draws on primary and secondary legal materials. Comparative examination of laws of relevance to identity-related misconduct are not new but this is the first involving these three countries, each of which presents a unique feature. More importantly, the thesis contributes to the literature on the special part of the criminal law by commencing detailed normative inquiry into the criminalisation of identity theft.
Section 26(1) of the Sexual Offences Act 1992-3 of the laws of Barbados radically reformed the la... more Section 26(1) of the Sexual Offences Act 1992-3 of the laws of Barbados radically reformed the law relating to the admissibility of evidence of sexual history by rendering such evidence inadmissible save in limited circumstances. It is buttressed by procedural rules set out in sections 32 and 33. This reform was aimed at ameliorating the plight of complainants who were previously exposed to embarrassment and humiliation caused by having their sexual history dug up before a jury in full public glare for reasons that could be considered spurious. This paper advances the thesis that, in effecting this change, the legislature has given insufficient regard to the rights of accused persons to put their defence adequately, a critical component of the concept of a fair trial.
This thesis examines whether identity theft is an offence in Barbados, England or Australia and, ... more This thesis examines whether identity theft is an offence in Barbados, England or Australia and, more fundamentally, considers if the criminalisation of the misconduct is justified by reference to the normative theories of harm and morality. The study is a doctrinal and theoretical one that draws on primary and secondary legal materials. Comparative examination of laws of relevance to identity-related misconduct are not new but this is the first involving these three countries, each of which presents a unique feature. More importantly, the thesis contributes to the literature on the special part of the criminal law by commencing detailed normative inquiry into the criminalisation of identity theft. Adopting a conceptualisation based on its folk origins, identity theft is taken to mean the assumption of another’s identity through the use of that person’s personal identification information. The study focuses on the harm which may arise from that core act as distinct from that which m...
This thesis examines whether identity theft is an offence in Barbados, England or Australia and, ... more This thesis examines whether identity theft is an offence in Barbados, England or Australia and, more fundamentally, considers if the criminalisation of the misconduct is justified by reference to the normative theories of harm and morality. The study is a doctrinal and theoretical one that draws on primary and secondary legal materials. Comparative examination of laws of relevance to identity-related misconduct are not new but this is the first involving these three countries, each of which presents a unique feature. More importantly, the thesis contributes to the literature on the special part of the criminal law by commencing detailed normative inquiry into the criminalisation of identity theft.
Section 26(1) of the Sexual Offences Act 1992-3 of the laws of Barbados radically reformed the la... more Section 26(1) of the Sexual Offences Act 1992-3 of the laws of Barbados radically reformed the law relating to the admissibility of evidence of sexual history by rendering such evidence inadmissible save in limited circumstances. It is buttressed by procedural rules set out in sections 32 and 33. This reform was aimed at ameliorating the plight of complainants who were previously exposed to embarrassment and humiliation caused by having their sexual history dug up before a jury in full public glare for reasons that could be considered spurious. This paper advances the thesis that, in effecting this change, the legislature has given insufficient regard to the rights of accused persons to put their defence adequately, a critical component of the concept of a fair trial.
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