Fraud

Question 0

Twaite (2010)

Answer 0

Silence does not amount to representation (cannot be deceived by silence)
-can however be deceived by machine as it does not depend on the mind of the victim

Question 1

S.2 Fraud Act 2006

Answer 1

Fraud by false representation
AR: dishonestly makes a false rep and intends by making the rep to make a gain for himself or another or to cause loss to another or to expose another to risk of loss

MR: dishonest intention knowing (untrue)

Question 2

S.3 Fraud Act 2006

Answer 2

Failing to disclose info (omission)

AR: failing to disclose info and being under legal duty to disclose to another for gain for himself or another or cause loss to another or expose another to risk of loss

MR: dishonesty intention knowing(duty)

Question 3

S.5 Fraud Act 2006

Answer 3

For gain or to cause loss

Question 4

When are you under a duty?

Answer 4

Not a moral duty but a legal duty(under statute or common law)
-question of law - jury will decide whether duty is fulfilled or if d failed to disclose what was required

Question 5

S.4 Fraud Act 2006

Answer 5

Fraud by abuse if position

AR: occupies a position of trust (expectation to safeguard or not act against financial interest of another) but then abuses that position for gain for himself or another or to cause loss to another or expose another to risk of loss.

MR: dishonesty intention knowing (expectation)

Question 6

‘Occupies a position of trust’

Answer 6

Fiduciary - access allowed to financial and or business records
‘Positions of trust’ - recognized under sexual offences act 2003 ss.21-22: persons under 18 in young offender inst. accommodated and cared for in children’s homes or in schools and persons providing employment and training services or learning skills

Question 7

‘Abuse of position’

Answer 7

AR: expected to safeguard financial interest
MR: dishonestly abuse position by act or omission
Doesn’t have to be in secret
There does not have to be any actual gain or loss

Question 8

S.11 Fraud Act 2006

Answer 8

Obtaining services dishonestly
(By a dishonest act)

AR: obtains services by dishonest act (services available on basis of past, present, and future liability for payment) makes no payment or does not pay in full.

• no longer needs deception
• needs to be a positive act
• wide range of services
• must be dishonestly obtained (Ghosh)

MR: dishonesty intention knowing expectation

Question 9

Rashid (1977)

Answer 9

Charged with going equipped to commit a fraud

• selling his homemade sandwiches with the materials from the buffet he works for - causing potential loss for buffet employers
• CofA held that if someone on train sells you a sandwich they are representing to you that it is made by the train company
• false rep because it was made by him for private gain

Question 10

Lambie

Answer 10

Told to stop using credit card because he went past his limit
- HofL held that when you use credit card you represent that you have the banks authority to use it and if you know there are insufficient funds and you continue to use it that is fraud

Question 11

Rai (2000)

Answer 11

Failed to notify of a change in circumstance

Question 12

MPC v Charles

Answer 12

Trying to cash a cheque when the balance of the account is overdrawn can lead to fraud