Fraud Flashcards
When is representation made?
A representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).
When does a person commit fraud?
A person commits fraud if they dishonestly make a false representation and intend, by making the representation, either to make a gain for themself or another or to cause loss to another or to expose another to a risk of loss and they know the representation is untrue, or misleading or know that it might be (s.2(1) Fraud Act 2006). Here the woman made a false representation that she earned more than she did and had no other debts, she knew it was false, and she intended to make a gain by the representation for herself in the form of a greater loan amount.
A lawyer for the Crown Prosecution Service is asked to provide charging advice in relation to a defendant who has allegedly committed a number of offences of fraud. Having considered the evidence, the lawyer sends a report to the police informing them of the outcome of the review.
In which of the following scenarios is there insufficient evidence to establish that the defendant has made a false representation?
A-The defendant states he is 14 years of age in order to purchase a child’s ticket for the bus when he is aged 16 years.
B-The defendant dresses as a security guard so that he is allowed into a concert without paying.
C-The defendant uses his friend’s identity card to purchase alcohol from the local supermarket.
D-The defendant persuades his aunt to give him a painting by telling her it is worthless despite (wrongly) believing it to be valuable.
E-The defendant uses a stolen debit card to purchase goods over the internet.
Option D is correct. When stating the value, the defendant represents that the painting is worthless. Although he believes the painting to be valuable, because it is actually of no value, there is no false representation. In all the other answers, the defendant makes a false representation in fact, either expressly in words (as in option A) or by his conduct (options B, C and E). It is irrelevant that the representation is made to a machine.
