Fraud, Forgery and Uttering

Question 1

what type of crime is fraud

Answer 1

• result crime
• bringing about a result by false pretence

Question 2

what is fraud

Answer 2

V must be persuaded to do something they wouldn’t otherwise have done

Question 3

what are the three elements of fraud

Answer 3

1. False pretence
2. Definite practical result
3. Causal link between the pretence and the result

Question 4

what are the factors surrounding false pretence

Answer 4

• can be expressed or implied
• must be proved false
• a practical result/ outcome must result from the pretence

Question 5

what is an express pretence

Answer 5

written or spoken pretences, such as an false ID at licensed premises

Question 6

case and facts for express pretence

Answer 6

• Strathern v Fogal
• False declarations regarding council tax rates
• Common law offence of fraud

Question 7

case and facts for pretence can be for something that didn’t happen

Answer 7

• HMA v McAllister 1996
• A pretended that he had carried out work to a value of £2000 - the work was only worth £80
• Fraud

Question 8

case and facts of misrepresentation relating to future intention

Answer 8

• Richards v HMA
• A mispresented facts to a prospective buyer
• There was an initial intention to commit fraud about a future event was sufficient
• A statement of present intention as to future conduct was grounds for a charge of fraud

Question 9

what does it mean by an implied pretence

Answer 9

• There is no need for either spoken or a written word to satisfy ‘false pretence’
• ‘creating’ a misrepresentation can be false pretence

Question 10

case and facts for implied pretence

Answer 10

• The ‘Cow competition’ Case James Paton 1858
• A fixed false horns on a bull to make them appear bigger - Fraud

Question 11

what is the mens rea for fraud

Answer 11

A must know that what they say, writes, or implies, is false

Question 12

case for carelessness doesn’t satisfy intent

Answer 12

Mackenzie v Skeen 1971

Question 13

case facts for Laird v HMA

Answer 13

• The fraudulent scheme was initiated in Scotland
• Various activities material to it were carried out there and the steel was finally delivered there

Question 14

what is the definition of forgery and uttering

Answer 14

deliberate exposure of a forged document to another person, as if it were genuine, where the person exposing the forged document knows it’s forged and intends that the recipient should be deceived by it

Question 15

what type of crime is forgery

Answer 15

• not a result crime
• Crime is communication with the intent to deceive, so there doesn’t need to be a practical result

Question 16

case for forging a signature

Answer 16

Daniel Taylor

Question 17

actus reus of forgery

Answer 17

• Forgery itself isn’t a crime
• Document has to be uttered as genuine
• AR is complete when the document passes beyond the control of the forger

Question 18

what is uttering

Answer 18

‘Intention to deceive by presenting as genuine - can be at a specific person, or not’

Question 19

case for false signature on certificates

Answer 19

Macdonald v Tudhope 1984

Question 20

what does it mean by deliberate communication

Answer 20

Crime is complete when the writing is dishonestly used towards the prejudice of some person, but it’s not necessary that any person should actually have been injured, or any definite practical result should have been attained by the use

Question 21

what is the mens rea for forgery

Answer 21

A must know the document is forged and must be an intention to deceive another person

Question 22

case facts of John Smith

Answer 22

• A forged a signature on a cheque and posted it to W, asking W to cash it for him
• W didn’t cash the cheque
• A had sent it with intention to deceive

Question 23

case facts of William Jeffrey

Answer 23

• Letter with a forged signature was posted in Edinburgh to London
• Crime of forgery and uttering was completed by the irrevocable act of putting documents into post office of Edinburgh