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Rhian Nicole Mason

All elements of Fraud are outlined in the Fraud Act 2006, Section 1 and 2 are fraud by false
representation and section 11 is obtaining services dishonestly. Making off without payment
comes under Section 3 of the Theft Act 1978 as it was not reformed when the…

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Rhian Nicole Mason

Mens Rea
Dishonesty ­ S2 (1) (a) ­ Ghosh test

Intent to make a gain or cause a loss ­ S2 (1) (b)

No gain or loss needs actually to have happened, Mens Rea issue only. It can be temporary or
permanent loss or gain of money…

Page 3

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Rhian Nicole Mason

Making off without payment
This comes under Section 3 of the Theft Act 1978, this is where the person "knows payment is
required on the spot for good or a service, and then dishonestly makes off without having paid as
required and with intent to avoid payment…


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