Summary of Fraud and Making off without payment (AQA)

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  • Created by: lclif97
  • Created on: 15-04-16 12:44
  • 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 11Obtaining Services dishonestly:

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