Fraud

Question 1

Fraud Act 2006 S.1

s.b. page 343

Answer 1

S.1 outlines the 3 way in which fraud can be committed.

s. 1 (2)
(a) Fraud by false representation
(b) Fraud by failing to disclose information, and
(c) Fraud by abuse of position.

Question 2

Fraud Act 2006 S.2

Answer 2

Fraud by False Representation, ‘FR’.

(1) guilty if
(a) dishonestly makes FR.
(b) intends, my making FR -
(i) to make fain for himself or another
(ii) cause loss to another or expose to loss

(2) rep. is false if
(a) untrue or misleading, and
(b) person knows that it is, or might be, untrue or misleading.

(3) Rep = any rep of fact or law, inc. rep as to the state of mind of
(a) person making rep
(b) any other person

(4) rep can be express or imlied

Question 3

Indrees v DPP

Answer 3

D got someone else to take driving theory test.
Convicted under s.1 and s.2 of the Fraud Act 2006

Shows: ‘make a gain’ - not just financial - would’ve gained in the form of passing the test.
+ False rep can be made by actions, not just words.

Question 4

Home Office definition of FALSITY

Answer 4

something that is ‘less than wholly true and capable of an interpretation to the detriment of the victim’.

Question 5

R. v Cornelius

Answer 5

Affirmed that Ghosh test is still good law and applies to fraud offences.

Question 6

Fraud Act 2006 S. 3

Answer 6

Fraud by failing to disclose information

(1) breach of this section if…
(a) dishonestly fails to disclose information that he has A LEGAL DUTY TO DISCLOSE.
(b) intends to
(i) make a gain for himself or another
(ii) to cause loss to another or to expose another to a risk of loss.

Question 7

Fraud Act 2006 S.4

Answer 7

Fraud by abuse of position

1) - guilty/breach of this section if
(a) occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person.
(b) dishonestly abuses that position
(c) intends….(same as other fraud offences)

2) abuse of position can be done by an omission, not just an act.