Fraud

  • Created by: jesskeayy
  • Created on: 04-05-19 15:49
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  • Fraud
    • S.2 Fraud Act 2006- false representation
      • S.2(1) person is in breach if he (a) dishonestly makes a false representation, and (b) intends, by making the representation
        • (b) 1. to make a gain for him/herself, 2. to cause lo** to another/ to expose another to  risk of lo**
      • Needs dishonesty and intention to cause a lo** or gain to someone
      • AR: makes a false representation MR: dishonestly, D intends to gain for himself or cause lo**
      • S.2(2) false if (a) it is untrue/ misleading and (b) person making it knows it's untrue/ misleading
      • S.2(3) 'representation' means any representation as to fact or law, incl representation as to the state of mind of- a) the person making the rep or b) any other person
        • Doesn't include representation as to opinion
          • Lambie [1981] credit cards
      • S.2(4) representation may be expre** or implied
    • Fraud Act 2006
      • ordinary language should be used, makes the law easier for juries to understand
      • Dramatically simplified the law surrounding fraud. Clear, simple and easier to apply
      • No deception needs to be shown: makes it easier to prove fraud involving technology
    • S.11 Fraud Act 2006- obtaining services dishonestly
      • S.11(1) person is guilty if he obtains services for himself or another (a) by a dishonest act, and (b) in breach of **(2).
      • S.11(2) a person obtains services in breach of this **. if: a) they're made available on the basis that has been made for or in respect of them,
        • b) obtains them without payment or made in full, c) when he obtains them he knows: 1. they're being made available on the basis of para a) or 2.they intend to not make payment/ in full
      • Service must be delivered, making it a 'result crime'
      • AR: D does an act and they obtain services, services are made available on the basis that he obtains them without (full) payment
        • MR: D does an act dishonestly, knowing that the services must be paid for, with the intention of not making (full) payment
    • S.3 Theft Act 1978: making off without payment
      • S.3(1) a person who knowing payment on the spot is expected of him, dishonestly makes off without payment shall be guilty of the offence
        • R v Morris [2013]

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