Chapter 21-Fraud

Question 1

what does the Fraud act 2006 state

Answer 1

Section 2-
the person is guilty if they:
~Intend to falsely make a representation of themselves
-for their gain or someone else gain
-by making a risk/loss for the other

Question 2

What is a False representation

Answer 2

It means it is misleading and untrue and the person making this knows that it is untrue

Question 3

Fraud occurs in 4 different ways

Answer 3

False representation
failing to disclose info
abuse of position
obtaining services dishonestly

Question 4

What are the different ways representation could cover

Answer 4

-someone using false identity
-lying
-saying they shall pay when they do not
-it can be implied or expressed
-it can be made to a person or machine

Question 5

Describe the case of R v Hamilton

Answer 5

the victims son ordered fence panels that were not the right size. The defendant and his brother claimed that they would come to collect payment for the panels. the victim paid some extra money and this shows an express representation had occured

Question 6

What is the mens rea of false representation

Answer 6

-Dishonesty
-knowing that the representation is false
-intent to make a loss for the other and gain for themselves

Question 7

What does the Theft act state about a “gain” or “Loss”

Answer 7

GAIN-By getting what has not and by keeping what one has
LOSS- partying with what one has

Question 8

Describe the case of Kapitene

Answer 8

An illegal immigrant in the UK showed that he could ‘legally’ work and his gain was the wages he was given while a loss for an actual legal worker

Question 9

what is fraud by failing to disclose information and it falls under section:

Answer 9

Section 3
A person breaches this section if they:
-fail to disclose information
-dishonestly fails to give info even having the duty to do so
-making a gain for themselves and a loss for another

Question 10

What is the actus reus of failing to disclose info

Answer 10

The failure to disclose the information

Question 11

Describe the case of R v D

Answer 11

The defendant failed to disclose her residency to the council however she was not guilty as it was not legally mandatory to do so.

Question 12

Mens rea of failing to disclose info

Answer 12

-Dishonestly fails to disclose Information
-Intends to make a gain for themselves and loss for another

Question 13

Give examples of relationships that should have a legal duty to disclose info

Answer 13

-Fudiciary relationships (e.g teacher and student)
-Insurance companies
-trade
-terms of a contract.

Question 14

Describe the case of R v Blight and Ingham

Answer 14

The defendants sold metal wreck from WW1 and was a money gain for themselves however a loss to the commercial vessel

Question 15

Abuse of position and which section:

Answer 15

Section 4
-occupying a position they do not have and dishonestly abusing it
-intends to use the positions power for their gain and loss to another.
-even if it Is an omission

Question 16

Actus reas of abuse of position

Answer 16

-Taking the position that they were not supposed to act on
-abuse that position

Question 17

Describe the case of R v Marshal

Answer 17

The defendant made several withdrawals from their residents account for their own benefit

Question 18

Mens rea of abuse of position

Answer 18

Dishonesty
intends to make a gain

Question 19

what is obtaining services dishonestly and which section does it fall under

Answer 19

Section 11
-they are guilty if they dishonesty act and the service made requires payment and is obtained without payment or not in full e.g housekeeping

Question 20

Actus reus of obtaining services dishonestly

Answer 20

-an act
-obtaining
-services done
-Payment is not fully paid

Question 21

The mens rea of obtaining services in full

Answer 21

-Dishonesty
-Knowledge that the service will be guaranteed with a full payment done
-intention to not pay or not pay on full

Question 22

the maximum sentence for fraud is

Answer 22

5 YEARS!!