5. Fraud Offences

Question 1

What are the three fraud offences?

Answer 1

1. Fraud by false representation
2. Fraud by failing to disclose information
3. Fraud by abuse of position

Question 2

Define fraud by false representation

Answer 2

1. Def makes a false representation
2. dishonestly;
3. knowing it is false or misleading
4. with the intent to make a gain for themselves or another;
5. or to cause or risk a loss to another

Question 3

What is a false representation?

Answer 3

A false or misleading statement as to fact, law or state of mind

Question 4

Can a false representation only be made to a human?

Answer 4

No- can be made by a machine eg ATM, online, face-to-face, via agent

Question 5

Can someone commit the offence of fraud by misrepresentation through recklessness?

Answer 5

No- they must actually know their representation is false or misleading.

This makes it a specific intent crime

Question 6

Must a representation be untrue to be false?

Answer 6

No, it can also just be misleading

Question 7

Define the offence of fraud by failing to disclose

Answer 7

1. Def dishonestly fails to disclose to another person information;
2. which they are under a legal duty to disclose;
3. as they intend to make a gain for themselves or another;
4. or to cause a loss/ risk a loss to another

Question 8

Define the offence of fraud by abuse of power

Answer 8

1. Def occupies a position where they are expected to safeguard the financial interests of another;
2. and they dishonestly abuse this position;
3. and intend to make a gain for themselves or another
4. or to cause or risk a loss for another

Question 9

Can abuse of position be committed by an omission?

Answer 9

Yes (e.g. failing to correct an impression)

Question 10

Does the defendant need to know they occupy a position in which they are expected to safeguard the financial interests of another?

Answer 10

No