Property Offences: Fraud Flashcards
where is the law for fraud found
s.1 Fraud Act 2006
what is the definition of fraud
-s.1(1); guilty if breach of anything in subsection (2)
-s.1(2);
(a) s.2 fraud by false rep
(b) s.3 fraud by failing to disclose information
(c) s.4 fraud by abuse of position
what is s.2 FA 2006
-fraud by false rep/ breach if
(a) dishonetsly makes a false rep and
(b) intends, by making the rep (i) to make a gain for himself or another or (ii) to cause loss to another or expose another to a false rep
where is the definition for a representation found and give a case example
-s.2(3); any rep as to fact/ law, including a representation as to the state of mind of
(a) the person making the representation or
(b) any other person
-R v Idrees; D impersonating another for written driving test was fraud
what happened / is the legal principle in R v Idrees
-D impersonating anither for written driving test was fraud by false rep
give 5 subsections relating to fraud by false rep
-s.2(1)(a,b); explains how D is in breach for fraud by false rep
-s.2(3); explains what a representation is
-s.2(5); machines can be deceived
-s.2(4); representation can be express or implied
-s.2(2)(a,b); explains how rep can be false
what happened / is the legal principle in R v Barnard
-rep can be express or implied
-R v Barnard; implied rep by D going to Oxford shop in uni gown
what is s.2(2)
-rep= false if
(a) its untrue or misleading and
(b) D knows that it is, or might be , untrue or misleading
how is rep being untrue / misleading s.2(2) assessed
-matter of fact
-no requirement for rep to be material/ significant
-must intend ‘ by making rep’ to make gain / cause loss
what is meant by misleading
-less than wholly true and capable of interpretation by the detriment of V
what is the MR for ALL fraud (each 3 ways to commit offence)
D must intend, by whatever section, to make
(i) make a gain for himself or another or
(ii) to cause loss to another or expose another to a risk of loss
what constitutes attempted fraud by false rep
-only if D believes statement is true/ makes true statement unknowingly (as D must know that rep is/might be misleading
-R v Augunas; this is assessed obj
what is the legal principle in R v Augunas
-whether D believes statement (false rep) is true or if he made a true statement unknowinglyy (thus making it attempted fraud) is to be assessed obj
what is s.3 FA 2006
-failure to disclose info
-in breach if
(a) dishonestly fails to disclose to another person info which he is under a legal duty to disclose
(b) intendsby failing to disclose info to (i) make gain for himself/ another or (ii) cause loss to another/expose risk of loss
what is the AR of s.3 (legal principle + case)
-D must have legal duty to disclose info (moral duty not sufficient)
-R v D; must be proof of specific legal obligation to disclose , an ‘obvious’ duty is insufficient
what is legal principle in R v D
-must be proof of specific legal obligation to disclose , an ‘obvious’ duty is insufficient
what is s.4(1) FA 2006
s.4(1);fraud by abuse of position
breach if
(a)occupies a position in which he is expected to safeguard or not to act against the financial interests of another person
(b)dishonestlt abuses that position
(c)intends by means of the abuse of that position - (i) make gain for himself/ another (ii) cause loss to another or expose to risk of loss
what is s.4(2) FA 2006
D can abuse position via omission
what are the 3 key parts of the AR of s.4 abuse of position but are undeffined by statute
-position
-expected
-abuse
give 3 legal principles regarding position s.4(1)
-s.4(2); can abuse position via omission
-D not required to know he is in a position of trust
-Law Commission egs of ‘position’ = directors/companies, professionals/clients, employers/employees
what case explains expectation s.4(1) abuse of position
R v Valujevs; CA ruled expectation was an objective word based off the RP and is applied by the jury
what is the legal principle in R v Valujevs
- CA ruled expectation was an objective word based off the RP and is applied by the jury
how is abuse established s.4(1) abuse of position
-Q of fact for jury
