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Ebay & The Long Arm Of The Law

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Pillar of the Community
Peter THOMAS's Avatar
Australia
2830 Posts
 Posted 01/08/2008  11:08 pm Show Profile   Bookmark this topic Add Peter THOMAS to your friends list Get a Link to this Message Number of Subscribers
G'day from Oz,
my local newspaper last Friday reported:
Police allege that a gent listed articles for sale on ebay, and accepted the buyers' funds, when he had no such articles to sell. He has been charged with "Criminal Deception", a modern codified offence which encompasses "false pretences", etc.
Said gent did not appear in Alice Springs Magistrates' Court when required, and a warrant was issued for his arrest.
There were no details about the nature of the goods; the amount/s of money; the number of victims, nor where they are situated.

If the allegations are provable, one hopes that the miscreant has his collar felt some time soon.

By way of background for overseas readers: Australia is a federation, and most of the "criminal law" is found in state or Territory legislation, and enforced by state or Territory Police, as opposed to federal (national) authorities.
Most states, and certainly the Northern Territory, allow their statutes to operate beyond their geographic limits, and their courts have the necessary jurisdiction; all that is required is that some part of the offence occurred in, or affected, the jurisdiction. There is a double jeopardy rule that limits how many times an offender can be convicted for one offence.

If I hear more, I'll pass it on,

Peter in Darwin, N.T., Australia

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rggoodie's Avatar
United States
23540 Posts
 Posted 01/09/2008  07:42 am  Show Profile   Bookmark this reply Add rggoodie to your friends list Get a Link to this Reply
Peter was it the AFP or the NT Police handling this issue?
Pillar of the Community
Peter THOMAS's Avatar
Australia
2830 Posts
 Posted 01/09/2008  4:08 pm  Show Profile   Bookmark this reply Add Peter THOMAS to your friends list Get a Link to this Reply
G'day, re AFP or NTP: My newspaper didn't say. AFP have only has a presence in Alice since last year, and that was only for airport security. Apart from that, I can't imagine them getting involved in such a case, although I wouldn't be surprised to learn that there is an applicable Commonwealth statute.
The misconduct described would fit Criminal Deception under the N.T. Code.
I've always found extraterritoriality to be a fascinating area of criminal law.
Peter in Darwin


Pillar of the Community
Peter THOMAS's Avatar
Australia
2830 Posts
 Posted 01/20/2008  8:23 pm  Show Profile   Bookmark this reply Add Peter THOMAS to your friends list Get a Link to this Reply
a little more detail regarding the above:
the vendor was purporting to sell computer parts.
see: N. T. News, Mon 21 Jan 2008
Peter in Darwin
Rest in Peace
muckeye's Avatar
Australia
661 Posts
 Posted 01/21/2008  06:59 am  Show Profile   Bookmark this reply Add muckeye to your friends list Get a Link to this Reply
Good story Peter.
Keep us informed.
regards and thanks.
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