Fraud - Cases

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  • Created on: 10-05-16 23:50

False representation

R v Holt and Lee [1981] All ER 854 à the D told waiter that they had already paid another waiter for their meal. Any liability under s2? Yes!

 R v Jackson [1983] Crim LR 617  à someone filled their car with petrol and then presented a stolen card to pay for it. Did s2 apply? Yes! False representation even after the property has passed.

Lambie [1982] - D had exceeded the limit on her credit card and agreed to return the card to the bank. However, she used it to make another purchase in a shop. The House of Lords held that the presentation of the credit card had been a representation of D’s authority to make a contract on the bank’s behalf. It was false, and it was open to the jury to find that the manager had been induced by D’s representation.


R v Ghosh  [1982] QB 1053

Per Lord Lane CJ (2): ‘[I]n determining whether the prosecution has proved that the defendant was acting dishonestly, a jury must first of all decide

[1]….whether according to the ordinary standards of reasonable and honest people what was done was dishonest. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider

 [2] ….whether the defendant himself must have realised that what he was doing was by those standards dishonest.’

Section 3: Failure to disclose information

D.P.P. v Ray [1974] AC 370 – someone went to restaurant, they changed their mind about paying the bill after having eaten it. Was there a legal duty to disclose that? 

Firth(1990) 91 Cr App R 217 - D was a consultant gynaecologist, and used a National Health Service hospital to treat a number


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