Fraud by False Representation

* Fraud by False Representation is stated in S2(1) of the Fraud Act 2006

Actus Reus:

* Making a representation which is false

Mens Rea:

* Dishonestly and with Intent to make a gain or cause a loss

* Also, Defendant must know the representation is false. A representation is false if.... 1. It is untrue or misleading 2. The person making it knows that it is untrue or misleading

Representations:

* A representation can be made in many ways, it can be spoken, written, or implied by conduct, examples of representations are using a false ID, Wearing a false uniform, Providing a false reference etc

Barnard = false uniform, Lambie = using a credit card without authority, DPP V Ray = implied - ordered a meal not intending to pay

* Phishing is an example of false representation

Phising is where the defendant sends out bulk emails directing people to what appears to be a genuine website. The site then asks for personal information which the Defendant can use to access that persons details.

A representation is made

Which is false

Which is Dishonest

Defendant knows its false

Defendant intends to make a gain by accessing the persons bank details, there is also intent to cause a loss to the person who provides the security details

There are three parts to the mens rea for Fraud by False Representation:

1. Dishonesty - Ghosh Test

Defendants behaviour would be regarded as dishonest by the ordinary standard of a reasonable person? The defendant was aware that their conduct would be regarded as dishonest by a reasonable and honest person

2. Knowledge - knowledge that the representation is false

3. Intention - intention to make a gain, and intention to cause a loss