Fraud Flashcards
S. 1 - General offence
General offence of fraud is committed:
1) By making a false representation
2) By failing to disclose information
3) By abuse of position
S. 2 - Fraud by false representation
A person is in breach of this section (and so guilty of an offence under S. 1) if he:
1) dishonestly makes a false representation and
2) 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
Actus reus - Definition
Consists of making a representation and that representation must be false
Actus reus - When is a representation false?
A representation is false if:
1) It is untrue or misleading
2) The person making it know that it is or might be untrue or misleading
If the defendant says something that he believes to be false but it is in fact true the actus reus will not be established
Actus reus - Representation - State of mind
Representations as to the state of mind of the defendant or any other person are also included - if a defendant says that he will do an act in the future or that some even will occur in the future it usually implies a representation
Actus reus - Representation by conduct
DPP v Ray - The defendant went to a Chinese restaurant after eating main course decided not to pay but they remained at the table until the waiter went out of the room and then left. Defendant’s conduct was a continuing representation of his present intention to pay - deception
Mens rea - Requirement
Must:
1) Be dishonest
2) Intend by making the representation to make a gain for himself or another or to cause loss to another or expose them to a loss
3) They know the representation is untrue or misleading
Mens rea - Dishonesty
Ivey test will be used - what did they believe
Mens rea - Gain and loss
Extends only to gain or loss in money or other property. Include any such gain or loss whether temporary or permanent
Type of charge
Either way
