What type of crime is fraud by false representation?
Conduct crime.
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What act is fraud by false representation recognised under?
Fraud Act 2006.
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The D must know that the representation was false. What does the term false mean?
Untrue and misleading.
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The false representation can be...? What cases support these?
Expressed (Silverman), Implied (Barnard, DPP v Ray, Lambie, Gilmartin, MPC v Charles).
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What section defines false representation to machines (a computer, vending machine or cash machine etc)?
S.2 (5).
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What is phishing?
People falsely representing that an email has been sent from a legitimate source.
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The false representation must have been made to make a gain/loss. The gain/loss must have been in money or property. What is the defintion of property and under which section is it found?
"Any property whether real or personal, including things in action and other intangible property."
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What is the defintion of gain?
"A gain by keeping what one has, as well as a gain by getting what one does not have."
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What is the definition of loss?
"A loss by not getting what one might get, as well as a loss by parting with what one has."
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What is the principle of Kapitene?
The gain/loss can be temporary or permanent.
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What are the two questions asked in the Ghosh test (to check if the D has been dishonest)?
1. Was the D dishonest by the ordinary standards of a reasonable and honest person? 2. Did the D know that his actions were dishonest by the ordinary standards of a reasonable and honest person?
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What case states that it is not necessary for the fraud to succeed?
Laverty.
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Other cards in this set
Card 2
Front
What act is fraud by false representation recognised under?
Back
Fraud Act 2006.
Card 3
Front
The D must know that the representation was false. What does the term false mean?
Back
Card 4
Front
The false representation can be...? What cases support these?
Back
Card 5
Front
What section defines false representation to machines (a computer, vending machine or cash machine etc)?
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