Statutory Interpretation Case Study Example | Topics and Well Written Essays - 1250 words

Statutory Interpretation - Case Study Example The first condition is defined as the first limb according to which the defendant did a dishonest act according to the reasonable and honest people. According, to this standard what the accused did was clearly dishonest as she took the ring without permission and secondly, the defendant was not even in a state to comprehend what was happening to her. According, to the second limb of the case law, in order to establish the dishonesty of the accused, it would have to be proved that the accused would himself realize that what he did was dishonest according to the standards of reasonable and honest people. In this case, both of the situations are certainly fulfilled as Debbie herself would realize what she did was dishonest as she took the ring from an innocent person in order to sell it for her use and purpose. Since, the crime has been proved, now comes the role of the statuary acts in order to convict this person accordingly of the sort of crime convicted. According to the section number eight of the Theft Act 1968, the person is found to be guilty of an offence when the person steals and in order to steal, subjects the person to some sort of force or seeks to create the feeling of force being used. In this case, Debbie did not use force but when the defendant awoke created the feeling of fear of death as she told the defendant that if she reacted, death was certain. Hence, Debbie clearly fulfilled the criteria of the statute and hence, would be convicted of the crime as according to section one of the same act, the person is found to be guilty when he or she take property with the intention of permanently depriving the person of it. So, according to this definition of the word guilty in section one of the Theft Act 1968, Debbie is clearly guilty.Bi) According to section two of the Fraud Act 2006, the person is found to guilty if he fulfils a number of conditions laid out including if the person dishonestly makes a false representation those include the intention of making the representation, making a gain for himself or another, or in order to cause loss to another or to expose another to a risk of loss.In the case of the representation element, the case if proved too false when it fulfils the following criteria; it is untrue or misleading, and the person making it knows that it is, or might be, untrue or misleading. The definition of "Representation" means any representation as to fact or law, including a representation as to the state of mind of the person making the representation, or Any other person and lastly the representation may be express or implied. In the case of Alex, Clare and his grandmother Bella, all three counts of fraud were visible as according to the first section of the section number two of the Fraud Act 2006, Alex is dishonestly making a false representation of the actual scenario. Though he is actually at fault and is responsible for the accident, has made it the fault of the other driver and is insisting upon the fact that it was a form of revenge on the behalf of the militant vegetarian in order to induce a fear of guilt in Bella. Thus, such a false represent