Fraud Flashcards
What is section 2 fraud act 2006?
Fraud by false representation
what is the AR for S2 fraud?
D must make a false representation
What does representation mean?
S2(3)- ‘Representation’ means any representation as to fact or law, including making a representation as to the state of mind of:
a. The person making the representation OR
b. any other person.
S2 (4) what did this state?
Provides that a representation may be express or implied
What was stated in S2 (5) fraud Act 2006?
The representation can be made to a person or to a machine
what is express representation?
Case
Makes it clear that a representation may, be spoken and written.
R v Silverman - Built up trust over a couple of jobs, overcharged them for a job.
Case for Implied representation?
R v Barnard - Held - D was guilty even though he did not say anything. the representation was implied.
Where was it explained that using a credit card is fraud?
Explanatory notes in fraud act 2006
What is a case for not paying for a meal?
DPP v Ray - Held - D held made a false representation by condcct
What is the MR for S2 fraud?
D must be dishonest, D must know or be reckless that the representation is untrue or misleading, D must intend to make a gain or cause a lost
What is the test for dishonesty?
Ghosh test:
- Was the action dishonest according to the standard of reasonable honest people
- Did D realise what he was doing was dishonest by those standards
Whats the AR of S11 Fraud act 2006
There must be an act (omission not sufficient)
obtains
services
not paid for or not paid for in full
What is obtained?
It is not necessary for anything to be obtained - Making a false rep and intent to make a gain or loss is sufficient
What does Not paid for mean?
Only committed if the D does not pay anything or doesn’t pay in full. No offence if false statement made by D pays in full.
Whats the test for dishonesty?
2 Part Ghosh test
