fraud - property offences Flashcards
R v Jeff and Bassett (1966)
defendant falsely told the housekeepers that they can repair roofs well. they had not carried our any repairs at all. they were convicted as they had dishonestly misled the householder.
-all three elements of the mens rea of fraud by false representation were established in this case.
what are the 3 elements used to establish the mens rea of fraud by false representation?
dishonesty, the intent to make a gain or cause a loss, knowledge that the misrepresentation is or might be untrue or misleading.
what is the mens rea of fraud by false representation?
the mens rea is the dishonesty and the intention to make a gain or cause a loss to somebody else. as fraud is a conduct crime, it does not matter whether a gain or loss resulted.
what is representation as to a machine?
fraudulent transactions made through computers, websites and other forms of new technology are incorporated into the definition in the fraud act 2006.
what are representations as to state of mind?
a representation about present intention related to state of mind. if a person borrows money and says that it is to pay for a wedding, but really they intend to spend money at a casino, this is falsely representing their state of mind.
what are representations as to fact and law?
a representation must be about fact, law or state of mind. it does not include statements of opinion.
what is implied representation?
examples include
-getting into a taxi
-booking a hotel room
-ordering food at a restaurant
as these all imply that you will be paying for the goods or the services.
what is express representation?
an express representation may be made through words or conduct.
R v Lambie (1981)
defendant used a credit card for shopping goods, although she was over the limit. defendant was found guilty.
-the act of using the credit card implied that she was authorised to do so.
R v Adams (1993)
the defendant had filled in a form for a car hire. the defendant was found guilty as he was disqualified from driving previously.
-the representation. made must be false or misleading.
what is the actus reus of fraud by false representation?
the actus reus of fraud is making the false representation which can be made through words or conduct. A representation may be explicit or implied.
how can something be a representation?
something is a representation if it is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention)
what is false representation?
making an untrue or incorrect statement or acting in a way to imply one thing while meaning another in order to make a gain or cause a loss.
how can a representation be false?
-it is untrue or misleading
-or the person making it knows that it is, or might be,untrue or misleading.
a person is in breach of Fraud by false representation: Section 2 of the fraud act 2006 if?
-they dishonestly make a false representation
-intend, by making the representation, to make a gain for themselves or another or to cause a loss to another or to expose another to a risk of loss.
