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