Fraud

Question 0

Fraud Act 2006 Section 3

Answer 0

Fraud by failure to disclose information.
Possible overlap w/ S2, false representation by omission.
S3 narrower, LEGAL DUTY to disclose.

Question 1

Fraud Act 2006 Section 2

Answer 1

Fraud by false representation.
D makes representation, knows it is false, intends to gain for himself/another OR cause V loss, is acting dishonestly.
False: Untrue or misleading.
Fact, law or state of mind.
May be express or implied, and can be done using a device.
Conduct crime, no loss/gain necessary.

Question 2

Fraud Act 2006 Section 4

Answer 2

Fraud by abuse of position.
D expected to safeguard V’s financial interests.
Dishonestly abuses position.

Question 3

R v Charles 1977

Answer 3

D used cheques to buy chips at a casino.
Cheques bounced.
Held that casino owner would not have accepted the cheques if in possession of all the facts.
D would have known this.

Question 4

DPP v Ray 1974

Answer 4

Defendants ate at Chinese restaurant intending to pay.
Made decision not to during meal.
Convicted, appeal by DPP.
Held: Justcas fraudulent to take advantage of uncorrected statement as one known to be false when made.
Appeal allowed, defendants convicted.