Contained in S2 Fraud Act, this is a tri-able either way offence with a maximum sentence of 10 years' imprisonment.
Actus reus: Making a false representation
Mens rea: Knowledge that the representation was or might be untrue or midleading;
Dishonesty;
Intention to make a gain, cause a loss, or expose another to the risk of loss.
A representation can be facts or law.
Representation may be express if D communicates directly with the victim, or implied if the victim is allowed to believe something.
Representation can be about identity; it can be an omission; and it must be presented to a person or a machine.
R v Lambie: D had a credit card with a limit of £200. This was clearly communicated to her. She went over her agreed limit and the bank wrote to her demanding the return of the card. She failed to do so and made further transactions totalling over £1000. This was held to be false representation, as she was using the card as if she had a right to do so, when she did not.
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