Obtaining Services Dishonestly Flashcards
1
Q
What section ofwhat act
A
S11 fraud act
2
Q
Actus reus
A
D does an act resulting in the obtaining of services for which payment is required and fails to pay the full price
3
Q
How is OSD different from fraud by false rep
A
It requires an act, offence cannot be committed by an omission
4
Q
Which services does the offence under s11 only apply to
A
Services for which payment is required
5
Q
Is it necessary for d to show that he has deceived anyone
A
No d only has to obtain the services dishonestly
6
Q
What is the offence only committed if
A
D doesn’t pay anything/doesn’t pay in full for service
If d made false statement but pays full price- not guilty
7
Q
Mens rea
A
- dishonesty
- know that services are to be paid for/might have to be paid for
- intends to avoid payment in whole/part for derived
8
Q
If d thought someone else had already paid would he be guilty
A
No