Lecture 24 - fraud

Question 1

What is the actus reus for fraud

Answer 1

fraud only requires that d makes a false representation

Question 2

what is the significance of the troughton v metropolitan police case and the r v aziz case

Answer 2

troughton establishes that for d to be convicted of making off without payment payment must actually be lawfully due
aziz establishes that d must know payment is expected or required of him ‘on the spot’

Question 3

what is the significance of the r v brooks and brooks case 1983

Answer 3

establishes that d must ‘make off from the spot’

Question 4

what are the problems with the old law on fraud

Answer 4

too many and too specific offences, old offences were result offences not conduct offences, need for operative deception, law failed to keep up with technological developments

Question 5

what does the fraud act 2006 do

Answer 5

it created a single general offence of fraud s1 which can be committed 3 ways 1. fraud by representation 2. fraud by failing to disclose info 3. fraud by abuse of position

Question 6

what is fraud by false representation

Answer 6

this is where d must make a false representation under s2(4) it can be implied or expressed

s2(2) states that a false representation is ‘if untrue or misleading and d knows that it is/might be untrue or misleading

d must also intend to make a gain for himself or another or to cause loss to another