Fraud Act 2006

S 1(2)

  • Fraud by false representation (untrue, misleading etc in attempt to gain for himself or cause loss to another - Filbert and Ors 

Express or implied ^

- R v Ray - through CONDUCT

  • Fraud by failing to disclose information - R v Rai / R v Razoq 
  • Fraud by abuse of position - Gale / Woods 

MENS REA - Ghosh test of dishonesty

2 parts - 

According to the ordinary standards of reasonable and honest people, were the D's actions dishonest?

Did the D realise that his actions were dishonest by those standards?

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