Fraud Flashcards
What is the Fraud Act 2006?
The Fraud Act 2006 introduces a very wide ‘general’ fraud offence that is conduct-based, not results-based.
What were the positions prior to the Fraud Act 2006?
Prior to the Fraud Act 2006, there were common law conspiracy to defraud and deception offences under the Theft Act 1968/78/96, which are now repealed.
How many ways can fraud be committed under the Fraud Act 2006?
Fraud can be committed in 3 ways under the Fraud Act 2006.
What are the three sections under which fraud can be committed?
The three sections are: (a) fraud by false representation, (b) fraud by failing to disclose information, and (c) fraud by abuse of position.
What is the maximum sentence for fraud under the Fraud Act 2006?
The maximum sentence for fraud under the Fraud Act 2006 is 10 years.
What constitutes fraud by false representation?
A person is in breach of this section if he dishonestly makes a false representation intending to make a gain or cause a loss.
What is the Actus Reus for fraud by false representation?
The Actus Reus includes making a representation as to fact, law, or state of mind, which can be by words, gestures, or conduct.
What is an example of a representation by conduct?
In R v Barnard (1837), the defendant dressed as a student, which constituted an implied deception.
What is a representation by omission?
A representation by omission occurs when there is a failure to mention previous convictions or county court judgments.
What makes a representation false under Section 2?
A representation is false if it is untrue or misleading, and the person making it knows it is or might be untrue or misleading.
What are the mens rea elements for fraud by false representation?
The mens rea elements include knowledge that the representation is or might be untrue, intention to make a gain or cause a loss, and dishonesty.
What is the definition of dishonesty under the Fraud Act?
Dishonesty is defined by the test in Ivey v Genting Casinos, which considers the defendant’s actual knowledge and the standards of ordinary decent people.
What constitutes fraud by failing to disclose information?
A person is in breach if he dishonestly fails to disclose information he is under a legal duty to disclose.
What is the Actus Reus for fraud by failing to disclose information?
The Actus Reus is the failure to disclose any or sufficient information under a legal duty.
What is the mens rea for fraud by failing to disclose information?
The mens rea includes the intention to make a gain or cause a loss, and dishonesty; knowledge is not required.
