Property offences- Fraud, Making off without payment and Duress.

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What is the actus reus of fraud under s2(1) of the Fraud Act 2006?
"Makes a flase representation ."
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What is the mens rea of fraud under s2?
"the defendant knows the representation is untrue or misleading" s2(2) "intends, by making the representation, to make gain or cause loss" s2(1)b "dishonestly makes false representation" 2(1)a
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What are the elements of fraud under s2?
The flase representation, knowing the representation is untrue or misleading, intent to make gain or cause loss, dishonesty.
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Fraud under s2 is a conduct crime. What does this mean?
There is no requirement that the false representation was believed or that the gain or loss was successful.
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Cases showing a change of situation must be notified if it makes a previously true representation become false.
DPP v ray and r v Rai 2000
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Cases showing implied representation.
MPC v Charles and R v Lambie
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Where are gains and losses defined for fraud?
s5 of the Fraud Act 2006 states that temporary gains or losses are sufficient.
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What is the actus reus of fraud under s11(1) of the Fraud Act 2006?
"Obtains servies for himself or another in breach of subsection 2."
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What amounts to being in breach of subsection 2? (AR elements)
Where services are made available on the basis that payment has been or will be made, he obtains them without having paid or paid in full."
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What is the mens rea of fraud? Identify the sections of the act.
The defendant knows the goods are made available on the basis that payment has been or will be made (s11(2)c) "Intends that payment will not be made or made in full." (s11(2))
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What examples does the CPS give as constituting 'services' in fraud?
Ordering in a restaurant knowing he has no means of payment, obtains chargable data or software without paying, accessing chargeable satellite television without paying.
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What case sets the precedent that 'services' in fraud must be chargable?
Sofroniou
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Case that did not satisfy 'intent not to pay'.
Allen
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What Act does making off without payment come under?
Theft Act 1978. (remember the year is 10 years after the original)
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What is the actus reus of making off without payment? What section is it under?
"makes off from the spot without having paid as required" Section 3.
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What exception to making off without payment does the Theft Act specify? What section is it under?
Section 3(3) states that the offence of making off without payment cannot be committed where the goods or services are supplied contrary to law or where payment is not legally enforceable.
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What case shows that if the service is not completed, there is no obligation to pay.
Troughton.
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Case showing what counts as making off 'from the spot' will be left up to the jury to decide and generally means wherever payment would normally be expected.
McDavitt
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Case where defendant arranged to pay at a later date and so had not made off without payment.
Vincent 2001
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What are the mens rea elements of making off without payment.
Knows that payment on the spot is required and intends to avoid payment Dishonesty (s3(1))
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What test sets out the defence of duress by threats?
Graham 1982
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What are the requirements of the Graham test 1982?
Was the defendant impelled to act as he did because he feared death or serious physical injury? Did he respond as a reasonable person sharing his characteristics would have done?
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Case showing threat of psychological harm is not enough for the defence of duress by threats.
Baker and Wilkins
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Case showing financial pressure or threats to disclose personal secrets is not enough for duress by threats.
Valderrama-Vega
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Case showing the threat must be connected to the crime committed.
Cole
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Case setting out which characteristics are relevant to the Graham test.
Bowen
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What characteristics does Bowen count as relevant?
Age, sex, disability, pregnancy, mental illness.
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What characteristics are not relevant to the defence of duress by threats?
Intelligence, timidness, self induced characteristics such as intoxication
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Case showing duress is not available where the defendant could have escaped.
Gills
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Case showing duress can sometimes be available if, even though there may have been a chance to escape, the threat was operating on the defendant's mind when committing the offence.
Hudson and Taylor
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Cases showing joining a gang or associating with criminals will mean the duress is "self induced" and the defence will likely fail.
R v Sharp 1987 R v Hasan 2005
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Case setting out duress by circumstances.
Martin 1989 (Simon Brown J)
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What test for duress by circumstances does Martin set out?
Was the defendant impelled to act as he did because, as a result of what he reasonably believed to be the situation, he feared death or serious injury? Would a reasonable person, sharing his characteristics, have responded to the situation similarly?
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Case showing that, for duress of circumstances, the jury should consider the same characteristics as in duress by threats under Bowen?
Conway
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Case showing the defence is unavailable where the circumstances are internal to the defendant (suicidal thoughts in this case).
Rodger and Rose
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Other cards in this set

Card 2

Front

What is the mens rea of fraud under s2?

Back

"the defendant knows the representation is untrue or misleading" s2(2) "intends, by making the representation, to make gain or cause loss" s2(1)b "dishonestly makes false representation" 2(1)a

Card 3

Front

What are the elements of fraud under s2?

Back

Preview of the front of card 3

Card 4

Front

Fraud under s2 is a conduct crime. What does this mean?

Back

Preview of the front of card 4

Card 5

Front

Cases showing a change of situation must be notified if it makes a previously true representation become false.

Back

Preview of the front of card 5
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