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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 Fraud Act was.
Fraud by False Representation
S2 (1) This is when the defendant (a) dishonestly makes a false representation and (b) intends to
(i) make a gain or (ii) cause a loss, by making the representation.
Actus Reus
Making a Representation
The representation is either to: S2 (3)
Fact ­ false identity or untrue statement about what you're selling
Law ­ untrue statement about how law covers a sale or transaction
State of mind ­ saying you will pay a bill when you don't intend to
The representation can be expresses ­ written, spoken, communicated in any way ­ or implied ­
using a fake ID, using someone else's credit card. S2 (4)
Silverman (1987) ­ elderly woman given excessive work quote ­ express
Barnard (1837) ­ Claiming to be member of uni for store credit ­ express spoke, implied gown +
Lambie (1981) ­ used credit card after bank removed her authority ­ implied
MPC v Charles (1976) ­ used cheque guarantee card without authority ­ implied
Davies (2008) ­ asked elderly for deposits for work never done express
The representation can be made to a person or a machine S2 (5) ­ using a fake coin or card,
phishing on the internet.
Which is False
S2 (2) ­ it is (a) untrue or misleading and (b) the person making it knows it is untrue or misleading

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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 or other property. Only one not both. Gain can including keeping
what one has e.g. not paying for something. Loss can include not getting something one should
e.g. loss of earnings.…read more

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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 due"
Actus Reus
Makes off ­ to depart, leave, but no need to run away. McDavitt (1981) ­ dis not leave the scene
so not making off.…read more


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