Generally the law obtaining in common law countries is that a person charged for attempting to commit crime if successfully prosecuted get the same punishment as prescribed for the offense. Lets not get carried away with the police interpretation as its a universal behavior of the police to dodge the victim as far as possible. This dodging if successful do not add to the number of crimes committed in their respective jurisdictions which enables them to present clean slate to their superiors and ultimately entitles them to receive incentives and promotions for policing the area effectively.
2007-12-20 07:18:50
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answer #1
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answered by Syed Mujib 3
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Hi there,
there is an offence committed under the Crminal Attempts Act 1980, but what amounts to an attempt varies from crime to crime.
The offence is attempting to obtain a pecuniary advantage by deception contrary to Section 16 Theft Act 1968 (Offence) and Section 1 of the criminal attepmts act 1980 (attempt).
The usual rule on attempts is that an attempt to commit a crime is successful when all is done by the criminal to achieve his criminal end whether successful or noty (R-v-Eagle), but in some cases i.e. poisoning cases and others, the crime is committed (attempted crime) when the person engages on a course of conduct (R-v-White). For example the attempt to kill by slow poisoning is committed the very first time poison is tipped inmto a cup of tea for instance even though it may require 10 cups of tea to kill. The person has shown their desire to kill by poisoning on the very first attempt.
As to the attempted credit card fraud, the fraudster tried all he could to deceive one person the mom,ent he sent the details over. The fact that he/she was not believed is neither here nor there. They tried it and showed their criminal intent.
Kind regards
Michael Cavanagh
2007-12-21 14:20:58
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answer #2
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answered by Michael C 3
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Actually, I have a shop and when the credit card is stolen we often don't get the money. So some b******d has got my stock and I have got nothing. The credit card holder doesn't pay and the credit card company certainly don't lose out. It's shoplifting or daylight robbery by any other name. I hate thieves and I hate the fact that they think that it's alright to steal from shopkeepers. I have had to buy that stock and now I'm out of pocket. It sucks.
2007-12-20 14:49:41
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answer #3
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answered by Lozzie p 2
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It is a fraud, if the bank have to pick up the bill, they have been robbed by fraud.
Even if it was an unsuccessful fraud, attempted fraud is still a crime.
Whatever qualities police need to get their jobs, I don't think high intelligence is one of them.
This is not to say that no police officers are highly intelligent, many are, it is just not a requirement.
2007-12-20 15:01:51
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answer #4
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answered by Sprinkle 5
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Wasn't the card stolen in the first place? That's a crime. Either a card was stolen or somehow the crook uses a credit card number that wasn't his. Ther's still a crime there somewhere.
2007-12-20 14:59:00
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answer #5
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answered by Anonymous
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Wrong. As you know. Sounds like the bobby just isn't interested. Saying that the bank will pick up the bill is downright crass. If I were you, I'd be speaking to his supervisor.
2007-12-21 03:13:26
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answer #6
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answered by champer 7
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Surely it's THEFT of the credit card and obtaining goods by deception ?? He should be prosecuted . Does this mean I can steal a car, go joyriding but so long as I return the car I won't get done ?? xxx
2007-12-20 14:50:05
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answer #7
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answered by starlet108 7
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Cops - be they British or American - are VERY poor guides as to what the law is.
The fact that the attempt to defraud was unsuccessful makes no difference at all to it's illegality.
I suggest you go to the police station and speak to a supervisor.
Richard
2007-12-20 14:47:29
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answer #8
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answered by rickinnocal 7
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"and the bank will pick up the bill" - There is a victim (the bank) and a crime was committed.
2007-12-20 14:48:43
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answer #9
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answered by davidmi711 7
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The attempt itself is a crime, regardless of the result. Like attempted murder is a crime, even if no one dies.
2007-12-20 14:52:57
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answer #10
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answered by Chicken_Wing__ 4
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