Fraud revision notes

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Under s1 of the Fraud Act 2006, a person is guilty of Fraud if he commits fraud by:
S2 ­ false representation
S3 ­ failing to disclose information
S4 ­ abuse of position
There are many ways in which a representation can be made. It may be spoken, written or
published or it may be implied by conduct ­ e.g. handing over a stolen credit card to make a
purchase the defendant is falsely representing that he as the right to use the stolen credit card to
withdraw funds.
Actus reus ­ the actus reus is complete when a false representation is made. It is the representation
that is the offence, not the consequences of the representation.
The representation will be false is (a) it is untrue or misleading, and
(b) the person making it knows that it is, or might be, untrue or misleading
Meaning of representation: Any representation as to fact or law, including a representation as to
the state of mind of (a) the person making the representation,
or (b) any other person.
Mens rea ­ The defendant must know that the representation was or might be false.
He or she must have acted dishonestly according to the Ghosh test. The representation has to be
made with the intention of making a gain or causing loss or risk to another. It is NOT necessary
for the gain or loss to actually happen the false representation is sufficient.
This new offence of obtaining services dishonestly
was created by s11 of the Fraud Act 2006.
Actus reus ­ obtaining services for which payment is required without any payment having been
Mens rea ­ the defendant must know that the services are made available on the basis that payment
has or will be made. The defendant's intention must be to avoid payment in full or in part. The
obtaining must be caused by a dishonest act and cannot be an omission.
Examples: Climbing over a wall to watch a football match without paying, knowing that payment is
required, and knowing that the service is provided on the basis that spectators will pay for it.
Using an unauthorised card in a satellite decoder to receive premium channels, knowing that viewers
are expected to pay for the channels.


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