Fraud by False Representation S2 **(2) - **(5) Actus Reus

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  • Actus Reus - Fraud by False Representation S2 ss(2) - ss(5) of the Fraud Act 2006
    • S2 ss(2)
      • False means untrue or misleading but representation is not defeined
    • S2 ss(3)
      • A representation means a representation as to fact or law
        • A statement of fact is straightforward, such as a lie that something is silver when it is only silver plated
        • A statement of law would be where someone falsely states the effect of a legal document such as a loan or mortgage
    • S2 ss(4)
      • A representation may be express or implied
        • An implied representation is done through the defendant's conduct, such as the use of a credit card
          • Bernard
          • Lambie
          • DPP v Ray
          • Gilmartin
          • Metropolitan Police commander v Charles
        • An express   representation may be made through speech, writing, text, through a phone call or radio or posted on a website
          • Silverman
    • S2 ss(5)
      • A representation can be made to a machine such as an ATM

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