Mr Adamson goes to Berrimah: a tale of abuse of position and false accounting

Hemming, Andrew (2009) Mr Adamson goes to Berrimah: a tale of abuse of position and false accounting. University of Notre Dame Australia Law Review, 11. pp. 23-52. ISSN 1441-9769

Abstract

This article considers the three offences of abuse of position, false accounting and criminal deception within the context of the Criminal Code 1983 (NT). The article uses as a vehicle for this examination the high profile case of Adamson v O'Brien [2008] NTSC 8 which was decided in the Supreme Court of the Northern Territory in 2008 and involved the former Lord Mayor of Darwin. The common link in this article between the three offences is the model of a general fraud offence adopted in the Fraud Act 2006 (UK), but which was rejected by the Model Criminal Code Officers Committee in 1995. A basic building block of the general fraud offence is 'dishonesty', which in turn has its antecedents in the Theft Act 1968(UK). Both the Northern Territory and Victoria enacted variations on the Theft Act model, where the dividing line between criminality and innocence is 'dishonesty'. The Model Criminal Code Officers Committee recommendations were a modernised variation of the Theft Act model. This article recommends the adoption of the definition of 'dishonesty'as found in s130.3 Criminal Code 1995 (Cth). The article concludes that the present sections of the Criminal Code 1983(NT) are not sufficiently robust or clear and proposes specific statutory language for each offence based on the model of the Fraud Act 2006(UK).


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Author version not held.
Depositing User: Mr Andrew Hemming
Faculty / Department / School: Historic - Faculty of Business - School of Law
Date Deposited: 24 Feb 2011 06:43
Last Modified: 26 Sep 2014 01:45
Uncontrolled Keywords: fraud; dishonesty; Criminal Code
Fields of Research (FOR2008): 18 Law and Legal Studies > 1801 Law > 180110 Criminal Law and Procedure
22 Philosophy and Religious Studies > 2201 Applied Ethics > 220102 Business Ethics
16 Studies in Human Society > 1605 Policy and Administration > 160504 Crime Policy
Socio-Economic Objective (SEO2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940407 Legislation, Civil and Criminal Codes
URI: http://eprints.usq.edu.au/id/eprint/18435

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