Fraud Flashcards
Which extract of legislation covers Fraud by False Representation?
Section 1(1), Fraud Act 2006
What is the definition of Fraud by False Representation?
A person is guilty of an offence if he dishonestly makes a false representation and intends by making the representation to make a gain for himself or another, or to cause loss to another, or to expose another to a risk of loss
What is the first Mens Rea for Section 1(1) Fraud by False Representation?
Acts dishonestly
What is the second Mens Rea for Section 1(1) Fraud by False Representation?
Having the intention of
1) making a gain for yourself or another
2) to cause loss to another
3) to expose another to a risk of loss
What is the Actus Reus for Section 1(1) Fraud by False Representation
Makes a false representation
What must the form of the false representation take for a legitimate charge of Section 1(1) Fraud by False Representation?
May be either through words or conduct
Must a false representation be express for a legitimate charge of Section 1(1) Fraud by False Representation?
A false representation can be either express or implied
What is the definition of “false representation”? (2 aspects)
A representation is false if it is both
1) untrue or misleading AND
2) the perpetrator knows it is or might be untrue or misleading
Can Section 1(1) Fraud by False Representation be enacted only against a person?
No - fraud can be carried out against both people and other things i.e. you can defraud a machine
What sort of offence is Section 1(1) Fraud by False Representation?
A pure intent offence
If a fraudulent email is sent but it is not opened by the intended receiver, and thus the fraud is not realised, is this still sufficient for a charge of Section 1(1) Fraud by False Representation?
Yes - fraud is committed as soon as the email is sent (the false representation made) with the INTENT of defrauding. The effectiveness is irrelevant as fraud is a pure intent offence.
What is the definition of “gain” with respect to Section 1(1) Fraud by False Representation?
Keeping what you already have or gained what you don’t already have
What is the definition of “loss” with respect to Section 1(1) Fraud by False Representation?
Parting with what you already have, or not getting what you don’t already have but might gain in the future
How is “property” defined for the purposes of Section 1(1) Fraud by False Representation?
As per the definition of “property” defined under theft
Which extract of legislation makes it an offence for somebody to have articles for use in fraud?
Section 6, Fraud Act 2006
