Jamz3k

If I was a "salesman" and you signed up for something with me say "Digital Radio" and i took all your details then proceeded to use it to set up a email address using your details with someone like Yahoo, Gmail, Hotmail etc?

Would this bother you and it would certainly bother me? Would doing so break the Data Protection Act as the use of information which you have given me was used for other things that what it was actually intended for?

stilover

Yes. I'd hunt you down like the dog you are, and open a can of Woop@rse on you.

Jamz3k

good keep em coming, if anyone knows legal implications in doing this please let me know as it'll all be going to a good cause of making someone look like a muppet!

Ant

It's also fraud too. I know someone who set up a hotmail in her fellas ex name and contacted the estate agents who she was selling the house with to take it off the Market. Got done for fraud

SteveScooby

iTrader: (2)

The fraud was contacting the estate agents and asking them to act, not setting up the account.

Ant

So he's just going to set a email account up to email his friends? He's going to be contacting someone/company with the email isn't he surely?

Jamz3k

i would rather not go into detail of what the email addresses will be used for, its nothing sinister but i wish to refuse to do it and want good grounds on why I refuse to do it.

I personally just think its stinks and is wrong!

SteveScooby

iTrader: (2)

Quite probably. But I was just making the point that setting up the account is not, in itself, a fraudulent act

Timwinner

iTrader: (3)

I think you would have a case if you look at the T's&C's of the email supplier. There will no doubt be something there that will mean the account is void.

ScoobyWon't

How about obtaining services fraudulently?

Timwinner

iTrader: (3)

I think that's a section 4(could be 5) of the new fraud act, It would not be a public interest thing due to cost.
I would email hotmail or whoever for the best result, Tell them whats happened.

ScoobyWon't

It's section 11

A person commits an offence if he obtains services for him/herself or another by dishonest act, and in breach of subsection (2)

Dishonest acts include:
- using a false credit card
- giving false personal details
etc

Proof of dishonesty follows guidelines of R v Ghosh

Timwinner

iTrader: (3)

Its ok I was thinking of section 2 anyways... I get confused since they changed it.
R v Ghosh... takes me back to law school...ha ha... A reasonable person

ScoobyWon't

I'm just boring myself silly reading R v G & G in relation to intent and recklessness.

Timwinner

iTrader: (3)

I know ALL about that, I'm helping in a MASSIVE possible test case at the moment, Its about neglect, same kinda thing.
all you need to know is Actus Reus and Mens Rea that will explain all

ScoobyWon't

I'm applying it to the following scenario:

You are called to an incident where you arrest Vicki at the scene. Vicki's neighbour's fence has been set alight by Vicki and the damage has spread to further property belonging to her neighbour, Elton. When you arrested Vicki, she was shouting anti-gay comments. Vicki is also under suspicion for spray-painting anti-gay slogans on the door of Elton's village shop. Further information has established that Vicki caught her husband in bed with Elton.

I'm going down the route of criminal damage, endangering life and arson, using R v G & G to illustrate the guilty mind.

Also thinking of charging with Public Order offences and hate crimes under S.146 of the CJA.

I'm aiming to send her down for life!