Criminal Law - Fraud Offences

Question 1

Fraud by False Representation

Answer 1

Dishonestly make a false representation with intent to make gain for themselves or another or cause risk or loss to another

Representation:

• A statement as to fact, law or state of mind
• Can be made to a machine or by an agent does not need to be face to face
• False representation can be untrue or simply misleading

Mens rea:

• Act dishonestly
• Knowledge that representation is false or misleading
• Intention to make gain, cause loss or risk loss

Question 2

Dishonesty

Answer 2

• Need to ask whether according to standards of reasonably honest people the defendant’s actions were dishonest
• Objective test

Question 3

Knowledge that representation is false or misleading

Answer 3

Requires actual knowledge rather than reckless awareness that it might be untrue

Question 4

Intention to make a gain, cause loss or risk loss

Answer 4

For defendant or for another

Question 5

Fraud by Failure to Disclose

Answer 5

Committed by omission

Actus reus: legal duty to disclose information and failure to disclose that information

Legal duty to disclose: e.g. contractual duty, statutory duty, custom of particular trades, existence of fiduciary relationship, between professionals and their clients, claiming benefits

Mens rea: dishonesty and intention to make gain, cause loss or risk loss

Question 6

Fraud by Abuse of Position

Answer 6

Committed when defendant occupies position when he is expected to safeguard financial interests of another, abuse that position and intend to make a gain themselves or a loss to another

Actus reus: defendant occupies a position with duty to safeguard other’s interests and they abuse that position

Types of relationships: between trustee and benficiary, director and company, professional and their client, employee and employer, two partners, situations within families, voluntary work

Abuse: can be by omission or positive act

Mens rea: dishonesty and intention to make gain, cause loss or risk loss

Defendant must intend to use their position to make a gain or cause or risk a loss but they do not have to know that they occupy a position in which they are expected to safeagurd the financial interests of another