6. Both gain and loss means in money or property, this is under S7 of The Fraud Act 2006
False
True
7. In the Gosh test, the first part is subjective and the second part is objective
False
True
8. An implied representation is done through conduct, such as using a credit card. By using the credit card, the defendant is implying that he/she has the right to use it.
True
False
9. Fraud by false representation is under S2 of the Fraud Act 2006
True
False, fraud by obtaining services is under S2
10. Under S2 (4) of the Fraud Act 2006, a representation may be express or implied.
True
False
11. DPP v Ray illustrates an implied representation through the intention to pay for a meal
True, the defendants ordered and ate a meal but then decided not to pay for it and ran out
False, the defendant had a credit card and was asked to return it, but instead went on to buy more goods
12. Which case did the defendant pay for supplies with post dated cheques that he knew would not be met?
Gilmartin
Lambie
DPP v Ray
Metropolitan Police Commander v Charles
13. A representation as to fact is straightforward, such as a lie that something is silver when it is in fact silver plated
True
False
14. Express representations are made through the defendant's conduct
False
True
15. DPP v Ray illustrates an implied representation through the use of a cheque guarantee card
False
True
16. The two tests set out in Gosh are: (1) would the defendant's behaviour be regarded as dishonest by the standards or reasonable and honest people and...
(2) If yes, was the defendant aware that his conduct would be regarded as dishonest by the standards of reasonable and honest juries
(2) If yes was the defendant aware that his conduct would be be regarded as dishonest by reasonable and honest people
(2) If yes, was the defendant aware that his conduct would be regarded as dishonest by the standards of judges
17. A representation as to fact may a statement of the effect of a legal document such as a loan or mortgage
False, this would be a statement of law
True, a statement of fact is straightforward
18. What is under S2 (5) of The Fraud Act 2006?
That a representation means as to fact or law
That a representation can be made to a machine such as an ATM
That false means untrue or misleading
That a representation may be express or implied
19. The Gosh test is an objective test
Fase
True
20. The defendant must have the intent to make a gain for himself or cause a loss to another, or expose another to the risk of a loss
