Fraud

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  • Created by: rachel
  • Created on: 14-06-14 12:11

Fraud

S2- fraud by false representation.

Actus reus- D must make a representation. S2(3)- Representation can be about fact-(eg. using false identity, making an untrue statement about something you are selling), Law, or state of mind (eg. filling up with petrol and not paying/pretending you are going to pay).

S2(4)- can be through words (written)- express. Clothes/conduct- implied.

Silverman- representation through words about the price (express).

DPP v Ray- representation through conduct about state of mind- (pretending he was going to pay).

Barnard- representation through clothes/conduct.

Representation can be made through omission- not mentioning criminal record when applying for job etc.

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Fraud 2

Rai- D didn't tell the council that his mother had died- representation about fact, was an omission.

S2(5)- Can be made through a machine, using someone elses debit card/pin number.

Lambie- D represented that she had sufficient funds to pay for the clothes.

The representation must be false- S2(2)- untrue/misleading.

Mens rea- Knowledge that the representation is, or might be false- (D will lack this mens rea if he believes the representation is true).

Dishonesty- Ghosh test.

Intention to make a gain for himself or another OR intention to cause a loss to another.

S5- Gain- keeping what one has. Loss- not getting what one might get.

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Fraud 3

Idrees- D argued he hadn't done it to make a a gain, but court refused. (D got someone else to take his theory test).

S11- Obtaining service dishonestly.

Actus reus- Obtains (cannot be through an omission).

Services- doesn't provide definition. Examples- 1) using false credit card details to obtain services on the internet. 2) climbing over a wall and watching a football match without paying.

Fails to pay (in full or partly).

Mens rea- Dishonestly- Ghosh test.

Knowledge that services are made available on the basis that payment is or might be required- For example, not if D believes the service is free.

Intention that payment is avoided (partly or in full)- For example, not if D thought that someone else had paid.

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