Fraud Offences

Question 1

What are the 3 elements of fraud by false representation?

Answer 1

D makes a
1. Dishonest
2. False representation
3. With intent to make a gain/cause or risk a loss

Question 2

What are four ways a false representation can be made?

Answer 2

1. Fact
2. Law
3. Intention
4. Authority (e.g. to an ATM machine with a stolen debit card)

Question 3

A false representation can arise from intentionally trying to ______

Answer 3

mislead

Question 4

Does a gain for fraud offences need to be financial?

Answer 4

No

Question 5

Does a gain for fraud offences need to be realised?

Answer 5

No - intention to make a gain is enough

Question 6

When does fraud by failure to disclose arise?

Answer 6

When D fails to divulge information that they’re under a legal or contractual duty to divulge with intent to make a gain or cause/risk a loss to another

Question 7

When does fraud by abuse of position arise?

Answer 7

Where D misuses a post where they’re expected to safeguard the financial interests of others with intent to make a gain or cause/risk a loss to another