3.8 Fraud Flashcards
S1 Fraud
A person commits fraud if he is in breach of S2/3/4
What is the Actus reus of fraud?
Intending to make gain for himself or another
Or to cause loss to another
S2 Fraud Act
Dishonestly makes false representation
And intends
To make gain for himself or another or to cause loss to another or expose them to risk of loss
By making the representation
What is a false representation?
It is untrue or misleading and the person knows it is or might be untrue and misleading
S3 fraud act
Dishonestly fails to disclose to another information which he is under a legal duty to disclose
And intends to make gain for himself or another
Or loss to another or expose them to risk of loss
By failing to disclose
S4 Fraud Act
Occupies a position in which he is expected to safeguard
Or not act against
They financial interests of another
Dishonestly abuses that position
And intends to make gain for himself or another
Or to cause loss to another or expose them to risk of loss
S6 Fraud Act
He has in his possession or under his control any article for use in the course or in connection with any fraud
Under section 6 what offences of fraud are no included?
Offences that have already taken place
S7 Fraud Act
Makes,supplies or offers to supply any article
Knowing that it is designed or adapted for fraud use
Intending it will be used to commit or assist in the commission of fraud
S11 Fraud Act
Dishonestly obtains services for himself or another
Knowing that payment is expected and intending that payment will not be made or not made in full
S17 Fraud Act
Dishonestly with a view to gain for himself or another or with intent to cause loss to another
Destroys,defaces,conceals, or falsifies any account/record/documentations
Or in furnishing information which to his knowledge is or maybe misleading false or deceptive
