Fraud by False Representation

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AR

S2 FRAUD ACT 2006

D MAKES REPRESENTATION THAT IS FALSE (UNTRUE OR MISLEADING STATEMENT)

S2(3) REPRESENTATION AS TO FACT OR LAW OR AS TO THE STATE OF MIND OF THE PERSON MAKING THE REPRESENTATION OR ANY OTHER PERSON

S2(4) MADE BY WORDS OR CONDUCT EXPRESS OR IMPLIED (BARNARD)

STATEMENT OF PRESENT INTENTION IS IMPORTANT WHERE A PREVIOUS GENUINE REPRESENTATION IS CONTINUING AND LATER BECOMES UNTRUE (DPP v RAY)

A REPRESENTATION IS MADE AS SOON AS IT IS EXPRESSED AND DOES NTO HAVE TO BE RECIEVED BY V

S2(5) REPRESENTATION CAN BE MADE VIA A MACHINE SYSTEM

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MR

KNOWLEDGE THAT THE REPRESENTATION IS FALSE

INTENTION TO MAKE A GAIN OR CAUSE A LOSS (A GAIN IS MONEY OR PROPERTY (KAPITENE), CAN BE TEMPORARY OR PERMANENT)

DISHONESTY - GHOSH TEST:

WAS IT DISHONEST BY THE ORDINARY STANDARDS OF REASONABLE AND HONEST PEOPLE?

DID D REALISE IT WAS DISHONEST BY THOSE STANDARDS?

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