FRAUD and related offences Flashcards
Statute, TEST, scope
FRAUD
S 1(1) Fraud Act 2006 sets out person is guilty of fraud if he is in breach of S1(2)
S1(2)
- (a) section 2 (false representation)
- (b) section 3 (failing to disclose information) and
- (c) Section 4 (fraud by abuse of position)
Fraud by False representation
S2 Fraud Act 2006
**S2(1) **
- person in breach if
- (a) disoneslty makes false representation, AND
- (b) intends by making representation to
- (i) make gain (himself or another)
- (ii) cause loss, expose risk of loss
S2(2)
representation is false if
- (a) untrue or misleading, AND
- (b) person making it knows that it is, or might be untrue or misleading.
S2(3)
representation = as to fact or law, including representations of state of mind of -
- (a) the person making representation OR,
- (b) anyone else
S2(4)
representation may be express or implied
S2(5) (representations made digitally in communcication count)
representation is regarded as made (or implied) if submitted in any form, to any system or device.
Fraud by failing to disclose information
S 3 Fraud Act 2006
a person is in breach if:
S3(a)
- dishonestly fails to disclose information
- to another person
- which he is under legal duty to disclose, AND
S3(b)
intends, by failing to disclose info
- (i) to make gain OR
- (ii) to cause loss/risk of loss.
Fraud by abuse of position
S 4 Fraud Act 2006
S4(1)
person is in breach IF
- (a) occupies position which is exoected to safeguard, or not act against, financial interests of another,
- (b) dishonestly abuses position, AND
- (c) intends (by means of abuse of position)
- (i) to make gain OR
- (ii) casue loss/risk of loss
S4(2)
abuse of power can also consist of omission
‘gain’ and ‘loss’
S 5 Fraud Act 2006
S5(1) - applies to S 2-4
S5(2)
‘gain’ and ‘loss’
- (a) extend only to gain or loss in money or other property.
- (b) irrelevant if gain or loss is temporary or permanent;
AND ‘property’means real or personal (things in action and intangible)
S5(3)
gain includes keeping what one has as well as getting what one doesnt have.
S5(4)
**loss **includes loss by not getting what one might get, and loss by parting with what one has.
Test for dishonesty in fraud cases:
it is implied as knowingly misrepresenting HOWEVER
if there is contention: then use Ivey TEST
IVEY TEST
1st: decide what individual knew and what the circumstances were
2nd: given that knowledge- would ordinary decent member of society say that what was done was dishonest?
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Obtaining services dishoneslty
S 11 Fraud Act 2006
obtaining services dishonestly:
S11(1)
Guilty IF he obtains services for himself or another:
S11(1)(a)
- By dishonest act AND
S11(1)(b)
- In breach of subsection 2 (ie m/r)
S11(2)
a person obtains services in breach of this subsection IF -
S11(2)(a)
- They are made available on basis that payment has been, is being, or will be made for or in respect of them,
S11(2)(b)
- He obtains them w/out any payment having been made for or in respect of them OR without payment having been made in full AND
S11(2)(c)
- When he obtains them, he knows-
- (i) (they cost money) They are being made available on basis described in (a) OR
- (ii) (they might cost money but intends not to pay in full or part) That they might be, but intend that payment will not be made or will not be made in full.
S11(3) Punishment
Guilty of offence under this section is liable-
- (a) Imprisonment not exceeding general limit in magistrates court or fine not exceeding statutory maximum (or both)
- (b) On conviction on indictment to imprisonment for term not exceeding 5 years or to a fine (or both)
