Fraud

Question 1

Under s1 Fraud Act 2006 what are the four ways that Fraud can be committed

Answer 1

s2 - False representation

s3 - Failing to disclose information

s4 - Abuse of position

s11 - Obtaining services dishonestly

Question 2

Actus reus of false representation

Answer 2

D makes a representation which is false.

It is untrue or misleading

Question 3

Two cases of verbal false representation

Answer 3

Barnard [1837]

Expressly untrue fact

Idrees [2011]

Impersonation

Question 4

Three cases of conduct

Answer 4

DPP v Ray [1973]

Is silence implied deception - decided not to pay for meal

Rai [2000]

Collected grant from Council on behalf of dead mother

Harris [1975]

Implied conduct - pay hotel

Question 5

The mens rea for false representation

Answer 5

D dishonestly makes false representation

D intends to gain for himself

Question 6

Cases to determine dishonesty

Answer 6

Ghosh [1982]

Hayes [2015]

Ordinary standards or reasonable and honest person

Question 7

Following the reform of the Theft At 1968 which acts still remain

Answer 7

s15 Theft Act 1968

Obtaining property by deception

s16 Theft Act 1968

Obtaining a pecuniary advantage by deception

Both require causation

Question 8

What was the ruling in Preddy [1996]

Answer 8

Highlighted problem with the law as it didn’t cover money transfers obtained by deception

Question 9

What case clears up s3 Fraud Act 2006

Answer 9

Firth [1989]

Would omission suffice or is a conviction dependant on an act

Question 10

What case clears up s11 Fraud Act 2006

Answer 10

DPP v Ray [1973]

Can silence be a deception

Question 11

The difficulties with the Fraud Act 2006

Answer 11

Jurors struggle to understand elements of offences

Risk of unfair trials

The actus reus of s1 is too wide