Fraud by false representation - Unit 4

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  • Created by: Carissa
  • Created on: 17-06-15 09:48
Defintion on fraud by false representation (s2 Fraud Act 2006)
A person commits fraud if he dishonestly makes a false representation, intending to make a gain for himself or another, or to cause a loss to another or to expose another to a risk of loss
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Made (a false representation)
s2(4) requires a false representation to be expressed (e.g. a text message) or implied (e.g. using a credit card implies there is money to cover the payment)
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A false representation
s2(2) states that a representation is false if it is (a) untrue or misleading, and (b) the person knows that it is, or it might be, misleading.
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Who can the defendant represent?
s2(3) a representation means any representation as to fact or law, including a representation as to the state of mind of (a) the person making the representation or (b) any other person
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Dishonesty
[Ghosh] Test applies
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Gain or loss
s5 Fraud Act 2006. s5(2)a states it can be money or other property. s5(2)b temporary or permenant. s5(3) gain includes keeping what one has as well as gaining what one does not. s5(4) loss includes not getting what one might get & losing what one has
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DPP v Ray
If a statement was true, but then becomes false, D will have committed an offence unless they let V know.
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MPC v Chrles
Handed over cheques that D knew couldn't be cashed due to lack of bank account funds. Implied false represntation that he had the money.
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Lambie
Use of a credit card with no credit left is sufficient.
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Parkes
D wa susing threats to get money that was lawfully owed to him. The court decided he was making a gain as he was getting the money now rather than waiting to recieve it through making a legal claim and going through the courts.
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Other cards in this set

Card 2

Front

s2(4) requires a false representation to be expressed (e.g. a text message) or implied (e.g. using a credit card implies there is money to cover the payment)

Back

Made (a false representation)

Card 3

Front

s2(2) states that a representation is false if it is (a) untrue or misleading, and (b) the person knows that it is, or it might be, misleading.

Back

Preview of the back of card 3

Card 4

Front

s2(3) a representation means any representation as to fact or law, including a representation as to the state of mind of (a) the person making the representation or (b) any other person

Back

Preview of the back of card 4

Card 5

Front

[Ghosh] Test applies

Back

Preview of the back of card 5
View more cards

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