Chapter 7: Fraud offences

Question 1

What is the actus reus of fraud by false representation?

Answer 1

Dishonestly making a false representation

Question 2

What is the mens rea of fraud by false representation?

Answer 2

The defendant must:
- Know the representation is or might be false or misleading
- Act dishonestly; and
- Intend to make a gain for themselves or another or cause risk of loss to another

Question 3

What is the actus reus of fraud by failing to disclose information?

Answer 3

Failing to disclose information that they are under a duty to disclose. A legal duty will arise if there is a contractual duty to disclose

Question 4

What is the mens rea of fraud by failing to disclose information?

Answer 4

The defendant must:
- Know the representation is or might be false or misleading
- Act dishonestly; and
- Intend to make a gain for themselves or another or cause risk of loss to another

Question 5

What is the actus reus of fraud by abuse of position?

Answer 5

The defendant abuses their position in which they are expected to safeguard the financial interests of another.

Question 6

What is the mens rea of fraud by abuse of position?

Answer 6

• Intention to dishonestly use position to make a gain or cause a risk of loss
• Defendant need not know that they are in a position in which they are expected to safeguard the financial interests of another