Fraud Flashcards
representation can be made only to a person- old law
Davies v Flackett
Express representation- theory test
Idress v DPP [2011]
Express Representation-lottery ticket
Farrakh Nizzar’s case
old law about implied representation- continuing
DPP v Ray [1974]- The Defendant developed the mens rea after having eaten his meal, not when he walked in the restaurant
phishing exercise case- false representation
Agrigoroaie and Savaoe [2015]
test for dishonesty
Ivey [2017] confirmed in Barton [2020]`
intention to gain or cause loss must not be too remote
Gilbert [2012]
what are the 3 ways of committing fraud?
s.2- false representation
s.3-failure to disclose information
s.4-by abuse of position
what position is to be abused for the offence of s.4 FA 2006
a position where one is expected to safeguard or not to act against another’s financial interests
deputy manager of care home abusing position
Rouse [2014]
grantee of a power of attorney abuses power
R v Riley [2021]
where are the terms ‘gain’ and ‘‘loss’ defined?
s.5
What is the offence found in s.11?
obtaining services dishonestly
how does the ‘obtaining services dishonestly’ offence differ from ‘fraud’?
it requires an act and is a result offence- a service needs to be obtained
possession of articles for use in frauds- recording films case
Nimley [2010]
possession of articles- paper that turns into currency
Kazi [2010]- intended for sale with a magical chemical
possession of articles- false driving licences
Montague [2013]
conviction under s.6 is based on present and future use
Sakalauskas [2013]
R v Smith [2020]
committed fraud then produced an article to cover up.- gardener with whom customers contracted and were unhappy with the work
what is the offence of s.7 (1)?
making or supplying articles for use in frauds
making off- the ‘spot’- at the till of a restaurant
Brooks and Brooks [1982]
making off- the spot- the restaurant itself
McDavitt [1981]
not paying a taxi driver who failed to complete the journey
Troughton v The Met Police [1987]- no conviction
not paying when taxi driver has completed route
Aziz [1993]
Where is the offence of ‘making off’ found?
s.3 (1) Theft Act 1978
what does the case of Allen tell us- intention to avoid payment
needs to permanently intend to avoid not merely delay payment
representation can be made to a machine
s.2 (5) FA 2006
