Fraud Flashcards
Sections of Fraud act 2006
A person is guilty of fraud if he is in breach of any of the sections listed in subsection (2) which are
s2 Fraud by false representation
s3 Fraud by failing to disclose information
s4 Fraud by abuse of position
King 1979
Facts: false representation fraud - D lied to residents to tell them their trees were dangerous and needed cutting down for which he could do that work for money
Defence argued he was being paid for services not false representation
Held: he intended through false representation to make a financial gain
Ray 1974
Facts: D entered a restaurant intending to pay but after eating decided not to pay
Held: False representation through conduct as when you walk in, the restaurant believe you will pay
Cleps 2009
Facts: Used a false identity to open a building society account and used passbook to get funds transferred to his account
Held: False representation by words or conduct
Gilbert 2012
Facts: opened various bank accounts for which he shouldn’t have had authorization, he intended to use those accounts to defraud people
Held: The future gain by having the accounts wasn’t sufficiently within loss of property - too remote
Daley 2010
Facts: D failed to reveal criminal conviction in job application for which he would have been barred if they knew
Held: fraud by failing to disclose information
Mashta 2010
Facts: D failed to disclose his employment whilst receiving asylum support benefits
Held: the failure to disclose was fraudulent, but the duty to disclose must be a legal duty not just a moral duty (can be contractual)
Marshall 2009
Facts: care worker misused residents bank accounts, took money for himself rather than V who he was caring for
Held: Fraud by abuse of position
