Fraud Flashcards
what year was the fraud act passed
2006
what is section 1
fraud
what is s1(1) of fraud
a person is guilty of fraud if he is in breach of any of the sections listed in the subsection
what is subsection 1(2)(a) of fraud
fraud by false representation
what is subsection 1(2)(b) of fraud
fraud by failing to disclose information
what is subsection 1(2)(c) of fraud
fraud by abuse of position
what is the maximum sentence for fraud
10 years
what is section 2 of the fraud act
fraud by false representation
what is s2(1)(a) of fraud by false representation
a person is in breach of this section if he dishonestly makes a false representation
what is the s2(1)(b) of fraud by false representation
a person is in breach of this section if he intends by making the representation:
i) to make a gain for himself or another
ii) to cause loss to another or to expose another to a risk of loss
what section is the actus reus for fraud by false representation ruled under
s2(3)
what is the actus reus of fraud by representation
- the representation can be fact, law or a state of mind
- there is no need for completed communication
- must be representation to someone or something
what is section 2(5)
the actus reus includes statements to machines
how is the representation presented in the actus reus
- represented by words, gestures, conduct
- needs to be directly through an agent
- it can be an omission
- there wasn’t a mention of previous convictions or county court judgement
what is s2(4) of fraud by false representation
the representation can be expressed or implied
R v Barnard (1837)
D went into a shop wearing an Oxford gown but wasn’t a member and went in to a shop and got a discount. Charged with fraud
Idrees v DPP [2011]
D took the theory test while impersonating someone else, they were held guilty
DPP v Ray [1974]
ate meal at a restaurant then realised they couldn’t pay so they ran out and were charged under the theft act
what must be the representation be
false
what does section 2(2) require the false representation to be
a) its untrue or misleading
b) the person making it knows it is or might be untrue or misleading
Cornelius [2012]
a solicitor didn’t make false representation when providing a certificate saying the property was free
what is the mens rea for fraud by false representation
- knowledge that is or might be untrue or misleading
- intention by such false representation to make a gain/cause a loss/cause a risk
- dishonesty
- there must be knowledge
- it includes wilful blindness
what must there be in the mens rea for fraud by false representation
intention
what is intention ruled under for fraud by false representation
s2(1)(b)
what does s2(1)(b) establish
the person must intend by making the representation:
i) to make a gain for himself or another
ii) to cause loss to another or to expose another to a risk of loss
what is s5(2)
includes gain and loss
what is s5(3)
gain includes keeping what one has
what tests did Ivey v Genting Casinos UK ltd [2017] establish
1) what was the defendant’s actual knowledge or belief as to the facts
2) was the defendants conduct honest or dishonest applying the standards of ordinary decent people
what is section 3 of the fraud act
fraud by failing to disclose information
what is the definition of fraud by failing to disclose information
a person is in breach of this section if he dishonestly fails to disclose another person information which he is under a legal duty to impose
what is the actus reus of section 3
- failure to disclose any or sufficient information
- there is a legal not moral duty to disclose
- it includes a civil law duty
what is the mens rea for section 3
- intention to make a gain/cause a loss/risk of loss
- dishonesty
knowledge isn’t required
