Fraud by false representation notes (AQA A2)

Fraud by false representation notes (AQA A2)

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  • Created by: Mollie
  • Created on: 18-04-12 15:16
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Fraud by false representation (s.2 Fraud Act 2006)
ACTUS REUS: D makes a false representation
MENS REA: Dishonesty - Knowing that the representation was or might be untrue or misleading
MENS REA: With intent the make a gain and cause a loss
"Any representation to fact or law, including making a representation to the state of mind of a
person making the representation or any other person"
Representation can be made to a machine (e.g. Cash Machine)
Express - openly claiming something that isn't true (Silverman - giving an excessive quote and
deceiving V of true costs)
Implied - Conduct (Barnard - wearing uniform, DPP v Ray - ordering and eating, Lamble - using false
Government response (2004) = "Less than wholly true and capable of interpretation to the detriment
of the victim"
Gain = Keeping something or gaining something new
Loss = Not getting something you may have got, or losing something else
Can be permanent or temporary.
D does not have to succeed in making a gain or causing a loss.
Ghosh test:
1. Were Ds actions dishonest compared to a honest and reasonable man?
2. Did D believe that his/her actions were dishonest by those standards?



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