- Created by: Tannykirms96
- Created on: 23-02-15 20:33
Fraud by False representation
Fraud by false representation- S2 Fraud Act 2006:
- D dishonestly makes a false representation (as to fact or law) makes a false representation and by making the representation i) to make a gain for himself or another or to cause loss to another or to expose another to the risk of loss.
- Actus reus- D makes representation which is false
- Mens rea- D must be dishonest, he must know or believe the representation to be untrue or misleading and there must be an intention to make a gain or cause a loss.
- Representation can be express (Silverman 1987) or implied (Barnard 1837 or DPP v Ray 1973 or Gilmartin 1983)
- The gain or loss can be temporary or permanent
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Obtaining services dishonestly
S11 of Fraud Act 2006:
- D obtains services for himself or another by a dishonest act
- and in breach of subsection 2 which states: a person is in breach of this subsection if a)services are made available on the basis that payment has been/will be made for/in respect of them; b) he obtains services without any payment being made for/in respect of the them/ payment not being made in full c) when he obtains them he knows i) that they are made availble on the basis that they have been or will be paid for or ii) that they might be, but intends that payment will not be made, or will not be made in full.
- The services must be obtained, and the offence is only commited if D does not pay anything or does not pay in full for the service.
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Making off without payment s3 THEFT ACT 1968
S3 THEFT ACT 1968:
- D knowing that payment on the spot for any goods supplied or service done is required or expected from him, D dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence.
- ACTUS REUS- D makes off (Mcdavitt 1981),
- Goods have been supplied or a service done- if service is not complete then no offence (Troughton v Metropolitan police 1987),
- Payment is required on the spot- must prove payment is expected/required (Vincent 2001),
- D has not paid as required- payment must be for amount due,
- MENS REA- Dishonestly (Ghosh test 1982 applies),
- Knowledge that payment on the spot is required
- an intention to permanently avoid payment (Allen 1985)
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Blackmail S21 Theft Act 1968
S21 Theft act 1968:
- D with a view to gain for himself/another or with intent to cause loss to another, makes an unwarranted demand with menaces; and any demand is unwarranted unless D makes it in the belief that a) he has reasonable grounds for making the demand; and b) that the use of the menaces is a proper means of reinforcing the demand.
- ACTUS REUS- making of unwarranted demand (Collister and Warhurst 1955 or Treacy DPP 1971) with menaces (Harvey 1981- reasonable grounds not guilty), and (lawrence and Pomroy 1971) if menaces would not affect ordinary person then blackmail cannot be proved (Clear 1968 or Harry 1974) however in Garwood (1987) D can still be guilty of blackmail if he was aware of the likely effect that it would have on v.
- MENS REA- a view to gain or cause loss- s34 the view to gain or cause loss has to involve money or other property . Gain/loss can be temporary (Bevans 1988).
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