Law 04 FBFR


Cases for representation

S2(3) Fraud Act 2006 - States that a representation can be made as to fact, as to law, as to state of mind and can be made expressed or implied 

S2(5) - Representation to machines, covering all devises and systems

Expressed representations: (written, spoken, posted) 

Silverman - Necessary to show that there had been an untrue representation 


Implied representations; (conduct, decpetion) 

Barnard - Supports an implied and expressed representation 

Lambie - Dishonestly misuses a credit card to pay for items. By tendering the card, they are falsely representing that he has the authority to use it 

Pre Fraud Act 2006 

DPP v Ray (Intention to pay for a meal) Gilmartin (Paying by cheque) Metropolitain Police Commander v Charles (Use of a cheque garantee card) 

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Cases for 'False'

Fraud Act 2006 - A representation is false if:

(a) Is untrue or misleading, and 

(b) The person making it knows that it is, or might be, untrue or misleading 

Fraud Law: Government Response to Consultation (2004) - Stated that 'missleading' was 'less than wholly true and capable of interpretation to the detriment of the victim' 

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Cases for a gain or loss

Intention to make a gain or cause a loss of other propety 

S5 Fraud Act 2006 - Defines property as 'any property whether real or personal including things in action and other intangible propety' 

Gain can be temporary or permanent 

Kapitene EWCA 2061 - Supports gain and loss of fraud 

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Dishonesty of fraud

Gosh Test - 1) Was D dishonest as per the ordinary standards of a reasonable and honest person? and 2) Did D realise the act would be regarded as dishonest by reasonable people?

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Representation untrue/misleading

Subjective test 

Focuses on what the defendant knew, must know it was misleading at the time 

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Intention to gain/loss

Not necessary for the fraud to succeed only need the intention to make gain or cause loss

Laverty - (old law) The prosecution had to prove that the deception had caused the obtaining of property 

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