S2 Fraud Act 2006- Fraud by false representation
Actus Reus: Making a false representation
The victim doenst need to be aware of this.
S2(2)- the representation must be something untre or misleading. It can be expree (outward lie) or implied (omission/silence). The representaton has to be about fact, law or state of mind.
Mens Rea: Knowledge that the representation is or might be false; dishonesty (ghosh); intention to make a gain or cause a loss
S5 defines a gain as 'keeping what you have or gaining something new' and a loss as 'not getting what you might get or parting with what you have'.
S11 obtaining services dishonestly
Actuse Reus: obtaining for himself or another, a service, for which payment is required, but he fails to pay
Must be an act- cannot be an omission
Mens Rea- Dishonesty (ghosh); knowing payment is required; intention to avoid payment (in whole or part)
Always discuss making off without payment when talking about S11 as they are SO similar!