Fraudulent Property Offences

Question 1

Define Fraud - as per the statute

Answer 1

s. 1(1) Fraud Act 2006:
(1) A person is guilty of fraud if he is in breach of any of the sections listed in (2) which provide for different ways of committing the offence
(2) The sections are -
(a) s. 2 = fraud by false representation
(b) s. 3 = fraud by failing to disclose
(c) s. 4 = fraud by abuse of position

Conduct crime

Question 2

Define the offence of fraud by false representation - as per the statute

Answer 2

s. 2 Fraud Act 2006:
(1) A person is in breach of this section if he -
(a) dishonestly makes a false representation, snd
(b) intends, by making the representation -
(i) to make a gain for himself or another, or
(ii) to cause a loss to another or to expose another to a risk of loss

(2) A representation is false if -
(a) it is untrue or misleading, and
(b) the person making it knows that it is, or might be, untrue or misleading

Question 3

Define ‘representation’ - as per the statute

Answer 3

s. 2(3) Fraud Act 2006: ‘Representation’ means any representation as to fact or law, including a representation as to the state of mind of -
(a) the person making the representation, or
(b) any other person

(4) A representation may be express or implied
(5) For the purposes of this section, a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with out without human intervention)

Question 4

Actus Reus of Fraud by false representation

Answer 4

Making a false representation
False: (1) Actually false or misleading AND (2) D. use know so
Representation must be of fact or law, not just an opinion

Question 5

Example of express statement (Fraud by false representation)

Answer 5

May include, their dressed in police uniform

Question 6

Example of implied statement (Fraud by false representation)

Answer 6

Presenting a stollen credit card

Question 7

Mens Rea for Fraud by false representation

Answer 7

1) D knew the representation was, or might be, false
2) D was dishonest (Ivey test)
3) D intended to make a gain or cause a loss (s. 5(2))

Question 8

Define Fraud by wrongfully failing to disclose information - as per the statute

Answer 8

s. 3 Fraud Act 2006: A person is in breach of this section if he -
(a) dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and
(b) intends, by failing to disclose the information -
(i) to make a gain for himself or another, or
(ii) to cause a loss to another or to expose another to a risk of loss