Fraud

Question 1

Fraud by false representation

Answer 1

Defined in section 2 of the Fraud Act 2006

Actus reus:
Makes a false representation

Mens rea
Dishonestly - ghosh test
Knowing the representation was or might be untrue
With intent to make a gain for himself or to cause loss to another

Question 2

Makes a false representation

Answer 2

False representation is enough and the offence is complete as soon as it is made.

False means untrue or misleading

Representation is not defined but is taken to mean a factual statement made by one party to induce another to do something - could be statement of fact or opinion

Question 3

Makes a false representation cases

Answer 3

DPP v Ray - didn’t pay for a meal, guilty of fraud as he made the implied representation that payment would be made

Rai - D guilty after received a grant to modify his house for his elderly mother, didn’t tell council she had died

Question 4

Representation as to the state of mind of a person

Answer 4

Section 2(3) means that D may be guilty if he makes a false representation as to his state of mind or the state of mind of another

Under section 2(4) a statement may be expressed or implied. It could be written, spoke , made on the phone, by text, on the radio etc. A representation can be implied by conduct - e.g a person using a cheque is representing that he has the authority to use it for that transaction

Question 5

Representation as to the state of mind of a person cases

Answer 5

MPC v Charles - D went to a casino and used all the cheques in his new Cheque book to buy gambling chips, the bank had to pay and D went over his overdraft limit. By giving the cheques, D was representing that he had the authority of the bank to use it for that purpose. That was a false representation

Lambie - the bank asked her to send a card back and she did not and ran up a bill of £1000. This was fraud as she gave the representation that she had authority from the card company to use it