Fraud Flashcards
1
Q
What act links directly to fraud?
A
The Fraud Act 2006
2
Q
What does S.1 of the Fraud Act 2006 highlight?
A
Section 1 of the fraud act 2006 highlights what fraud is. It is committed when a person SS 2,3 and 4 which includes false representation, failure to disclose information and abuse of position
3
Q
What is the sentencing for the Fraud act 2006?
A
Triable either way offence
Magistrates Court - 6 months and or level 5 fine
Crown Court - 10 years imprisonment up to level 5 fine.
4
Q
What section covers the MR and AR for Fraud?
A
S.2(1) - AR - Make a representation that is false
MR - Knowledge the representation was false, intention to make a gain as a result of loss.
5
Q
Potential defences.
A
Defendant can claim duress under sections 1,2,3 and 4 of the theft Act 2006
