fraud

Question 1

what is the definition of fraud

Answer 1

a person is guilty of fraud if he is in breach of any of the sections listed below section 2- fraud by false representation
section 11 obtaining services dishonestly

Question 2

do victims often know fraud has happened to them

Answer 2

no

Question 3

what % of are not reported

Answer 3

86

Question 4

what do they have to fill to be in breach of section 2 fraud by false representation

Answer 4

dishonestly makes a false representation
intend to make a gain for themselves or another to cause another loss

Question 5

how do the court know if the representation is false

Answer 5

if it is untrue or misleading
the person making it knows the id is or might be misleading

Question 6

what is the meaning of false representation

Answer 6

making an untrue or incorrect statement or acting in a way to imply one thing while meaning another in order to make a gain or cause a loss

Question 7

what is the actus reus of fraud

Answer 7

making an false representation, a representation may be made through words or conduct, may also be explicit or implied

Question 8

what cases relate to making a false representation for the acts reus

Answer 8

R v Adams 1993
R v Lambie 1981

Question 9

what happens in the case R v Adams relating to the acts reus

Answer 9

d filled in a form to hire a car, he ticked no for some questions that should have been yes, he was found guilty, the principle was that the representation made must be false or misleading

Question 10

what happens in the case r v lambie 1981 relating to the acts reus

Answer 10

d went shopping, knowing she was over her credit limit, she was found guilty, the principle was that the act of using the credit card implied that she was authorised to do so

Question 11

how can an express representation be made

Answer 11

may be made through words of conduct

Question 12

how can implied representation be made

Answer 12

getting into a taxi
booking holiday
ordering food
implying that they will pay for the good provided

Question 13

what is the mens rea for fraud

Answer 13

dishonestly and the intention to make a gain or cause a loss to somebody else

Question 14

what is the creiteria to establish the mens rea of fraud

Answer 14

dishonesty
intent for gain or loss
knowledge that the representation might be future ir misleading

Question 15

what is the sentencing for fraud section a

Answer 15

summary conviction to imprisionament fir a term nor exceeding 12 months

Question 16

what is sentencing for fraud section b

Answer 16

on conviction on indictment to imprionment for a term no exceeding 10 years

Question 17

what is the case relating to men rea for fraud

Answer 17

R v Jeff and Bassett 1966

Question 18

what happens in the case R v Jeff and Bassett 1966 relating to the men’s rea

Answer 18

D told householder that they carried out work D didn’t do any work convicted of fraud LP- all three elements of the men’s tea of fraud were established