Fraud by false rep Flashcards
In what section of what act is Fraud by false rep defined?
S2 of the Fraud Act 2006
Define fraud by false rep
A person is guilty of fraud if he dishonestly makes a false representation with intention to make a gain for himself or cause a loss to another or expose another to a risk of loss
What are the AR elements of Fraud by false rep?
D must make a representation
Which is false
What are the MR elements of Fraud by false rep?
Knowledge that rep is/might be false
Dishonesty
Intention to make a gain/cause a loss
What does the representation not have to be and what does that mean that Fraud is?
Rep doesn’t have to be received or communicated which means Fraud is an intention crime
What does S2(2) say about the rep?
Must be false
What does S2(3) say that the rep can be about?
Law, fact or state of mind
Give an example of a rep about fact
Selling a car saying it’s brand new when it’s not
Give an example of a rep about law
Painting yellow lines outside your house
Give an example of a rep about state of mind
Making out that you’re going to pay
What does S2(4) refer to?
The different ways in which D can make a representation
What are the two types of representation?
Express and implied
How can someone make an express representation?
By words said or written
Which case outlines express reps by words?
Silverman
Which cases outlines implied reps by conduct?
DPP v Ray and R v Lambie
Which case outlines implied reps by clothing?
Barnard
Which case states that rep can be made by an omission?
R v Rai
What does S2(5) say about who the rep can be made to?
Rep can be made to a machine
Define ‘false’
Untrue or misleading
Which test outlines dishonesty
The Ghosh test
Which section outlines the terms ‘gain’ and ‘loss’?
S5
Define gain
Keeping what one has or getting what he has not
Define loss
Parting with what one has or not getting what one might otherwise get
Does D actually have to make a gain/cause a loss?
No, he only has intention to do so
What must D intend to make a gain/cause a loss of?
Property or money as defined in S4 of TA 1968
