[No. 50.]
Pt.1 S.2
Criminal Justice (Theft and Fraud
Offences) Act, 2001.
[2001.]
‘‘gain’’ and ‘‘loss’’ have the meanings given to them by
subsection (3);
‘‘information in non-legible form’’ means information which is kept
(by electronic means or otherwise) on microfilm, microfiche, magnetic tape or disk or in any other non-legible form;
‘‘owner’’ and ‘‘ownership’’, in relation to property, have the meanings given to them by subsection (4);
‘‘premises’’ includes a vehicle, vessel, aircraft or hovercraft or an
installation in the territorial seas or in a designated area (within the
meaning of the Continental Shelf Act, 1968) or a tent, caravan or
other temporary or movable structure;
‘‘property’’ means money and all other property, real or personal,
including things in action and other intangible property;
‘‘record’’ includes any information in non-legible form which is capable of being reproduced in permanent legible form;
‘‘stealing’’ means committing an offence under section 4, and cognate
words shall be construed accordingly;
‘‘stolen property’’ includes property which has been unlawfully
obtained otherwise than by stealing, and cognate words shall be construed accordingly;
‘‘theft’’ has the meaning given to it by section 4(1); and
‘‘unlawfully obtained’’ means obtained in circumstances constituting
an offence, and cognate words shall be construed accordingly.
(2) For the purposes of this Act a person deceives if he or she—
(a) creates or reinforces a false impression, including a false
impression as to law, value or intention or other state of
mind,
(b) prevents another person from acquiring information which
would affect that person’s judgement of a transaction, or
(c) fails to correct a false impression which the deceiver previously created or reinforced or which the deceiver knows
to be influencing another to whom he or she stands in a
fiduciary or confidential relationship,
and references to deception shall be construed accordingly.
(3) For the purposes of this Act—
(a) ‘‘gain’’ and ‘‘loss’’ are to be construed as extending only to
gain or loss in money or other property, whether any such
gain or loss is temporary or permanent,
(b) ‘‘gain’’ includes a gain by keeping what one has, as well as
a gain by getting what one has not, and
(c) ‘‘loss’’ includes a loss by not getting what one might get, as
well as a loss by parting with what one has.
(4) For the purposes of this Act—
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