Fraud Flashcards
Fraud
The bringing about of any practical results by false pretences (Macdonald, 52)
..Any deception by which one man makes another believe, to the latter’s injury, something tha treally does not exist. It might be done either by direct assertion of something which was untrue” (HMA v Livingstone (1888) White, 587
Actus Reus - what are the 3 elements?
false pretence (express or implied representation/omission in breach of duty to disclose information)
practical result
causal link between the prtence and the result.
False pretence
Express or implied representation
Omission in breach of duty to disclose certain information. (Strathern v Fogal - let out property to tenants, had to disclose money, reduced tax as money had not been fully disclosed, fraud)
Misrepresentation about current or past state of affairs.
A conscious false representation of future conduct will be covered.
What sort of representations will not fall within the scope of fraud
expression of opinion/reps about future facts unless there is also a misrepresentation about the present contained within the main misrepresentaiton.
A representation as to intention does not come within the scope of fraud.
Expressions of opinion unless consciously a false opinion is given. (Bennett v Houston 1993)
Leeway in advertising / “puffs”
Leeway may be given in advertising - Tapsell v Prentice (1910) - gypsy woman pretended she was representing gypsy group, induced shopkeeper to give her £30 worth of groceries in exchange for a rug worth £30. Case failed. “just the ordinary lies which people tell when they wan to induce credulous members of the public to purchase goods, or to do something for them…”
Practical result
Can be pecuniary
Can be financial advantage
Can be any deceit that injures and violates the rights of another (Ld.Cockburn in Wm Fraser (1874)
Virtually any practical result will be sufficient (Adcock v Archibald 1925)
“It is a mistake to suppose that to the commission of a fraud it is nec to prove an actual gain by the accused, or an actual loss on the part of the person alleged to be defrauded. Any definite practical result achieved by the fraud is enough”.(Lord Clyde)
“The essence of the offence consists in inducing the person who is defrauded either to take some article he would not otherwise have taken, or to do some act he would not otherwise have done, or to be come the medium of some unlawful act.” (Lord Hunter)
Eg of fraud cases: Adcock v Archibald, James Paton
2 miners had to exceed weight to get paid more, swapped ID to another miner’s hutch. credited but got no extra money, fraud. (CHECK THIS IS RIGHT _ from SOMEONE ELSE’S NOTES ON INTERNET.
Paton case - cow competition, individuals put fake horns on bull and punctured it to inflate it (make it look better) - fraud - again someone elses notes so check this is right.
Causal link
the false pretence must have been instrumental in inducing the practical result
Mens Rea
“falsely & fraudulently” making the false rep - knowledge of the falsity of the representation and it should have been made intentionally - intention to deceive. Also intention to produce a certain result by the deployment of the falsehood.
Uttering
Presentation
to a person, the public at large or put beyond the control of the accused in some other way (eg posting)
of a forged document
presented as genuine (does not have to have a practical result)
mens rea - intention to decieve, knowledge that the document was not genuine
