Unit 4- Fraud Flashcards

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1
Q

Actus reus for making off without payment

A

Theft act 1978- must leave the building (mcdavitt)
Services was completed ( Ie eaten food in restaurant ))troughton
Payment must have been required or expected on the spot (Vincent )
Has not paid

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2
Q

Mens rea for making off without payment

A

Dishonestly - ghosh
Know that payment is required on the spot
Intention to avoid paying (Allen - intend to permanently avoid paying )

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3
Q

Where is fraud by false rep -

A

Section2 - fraud act 2006

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4
Q

Actus reus for fraud by false rep

A

Make a representation (express - Silverman or implied - Barnard )
Which is false - untrue or misleading

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5
Q

Mens rea for fraud by by false rep

A

Dishonestly - ghosh
Intention to make a gain or cause a loss - money or property
Knowing the statement is untrue

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6
Q

Obtaining services dishonest where

A

Section 11 fraud act 2006

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7
Q

Actus reus for obtaining services dishonestly

A

Must be an act can’t be an omission
Act actually obtains the service
Must be a service, not goods
Haven’t paid for the service/ full price

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8
Q

Mens rea for obtaining services dishonestly

A

Dishonestly - ghosh
Knowing you must pay for the service
Intend not to pay for the service

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