Summary of Fraud and Making off without payment (AQA)

Fraud Act 2006 –

Section 2 – False Representation:

• Element 1 – Make a false representation
  Can be expressed or implied (Lambie or MPC V Charles) and can be as to fact, law or even state of mind

• Element 2 - Which is untrue or misleading

• Element 3 - You do it dishonestly – GHOSH Test:
  1) would the defendant’s behaviour be regarded as dishonest by a reasonable and honest person?  (Objective)
  2) is the defendant aware that their conduct would be regarded as dishonest by reasonable and honest person? (Subjective)

• Element 4 - With intent to make a gain or cause a loss

• Element 5 - Knowing that the representation is false, untrue or misleading
  Allen – genuine belief is not intent

Section 11– Obtaining Services dishonestly:

• …