Fraud Flashcards
In Fraud when is the offence complete
When the intent is formed to dishonestly intend to make a gain for themselves, to cause a loss to another or to expose another to risk.
Does the false representation ever have to be heard?
No
What if the false representation is posted, (fraud) does it have to reach its target?
No
(Fraud) is sending an email claiming to be from a financial institution (phishing) fraud?
Yes
(Fraud) is selling fake designer goods fraud
Yes - You represent the fake as the designer good therefore it is a misrepresentation.
Is using a stolen credit card (Fraud)
Yes you make a mis-representation (implied)
Fraud by false representation what are the key facts
A person commits the offence if they dishonestly fail to disclose anything they are legally required to disclose in order to make a gain for themselves or cause a loss to another.
(Fraud) is it necessary to prove the person knew they had a legal duty to disclose
Yes
Can you obtain illegal services by deception
Yes - you can defraud a prostitute
Which is the only fraud offence which is not an intent offence
Obtaining services by deception which is a result offence.
Can gain be keeping what you already have?
Yes
Can you be charged with obtaining services by decpetion if the services you were obtaining are free?
No
Can simply hacking into a computer amount to Forgery?
No - A document is not defined however this does not cover electronic impulses.
What can a Gain of Loss relate to in Fraud
Money or other property
Can a gain be keeping what one already has
Yes - For example defrauding the tax man to pay no tax and keep what you have
