Fraud Flashcards
Making a false instrument
A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article
A) knowing that it is designed r adapted for use in the course of or in connection with fraud or
B) intending it to be used to commit or assist in the commission if fraud
Fraud by false representation
A person is in breach of this section if he—
(a) dishonestly makes a false representation, and
(b) intends, by making the representation—
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.
(2) A representation is false if—
(a) it is untrue or misleading, and
(b) the person making it knows that it is, or might be, untrue or misleading.
(3) “Representation” means any representation as to fact or law, including a representation as to the state of mind of—
(a) the person making the representation, or
(b) any other person.
(4) A representation may be express or implied.
(5) For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).
Obtaining services dishonestly.
It’s a result crime.
Must have received goods and known at time of asking for them that payment was required AND they wouldn’t be paying
What is gain and loss in terms of Fraud
Extend only to gain and loss in money or other property
Include any such gain whether temporary or permanent
Property means any property whether real or personal. Includes intellectual property
Can you deceive a machine?
Yes
What if they receive goods, run off but intend to come back the following day to pay?
Not guilty of making off without payment.
A person commits an offence if KNOWING that Payment on the spot for goods supplied or services received is required, they dishonestly make off without paying WITH INTENT TO AVOID PAYMENT.
