Unit 4- Fraud Flashcards
Actus reus for making off without payment
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
Mens rea for making off without payment
Dishonestly - ghosh
Know that payment is required on the spot
Intention to avoid paying (Allen - intend to permanently avoid paying )
Where is fraud by false rep -
Section2 - fraud act 2006
Actus reus for fraud by false rep
Make a representation (express - Silverman or implied - Barnard )
Which is false - untrue or misleading
Mens rea for fraud by by false rep
Dishonestly - ghosh
Intention to make a gain or cause a loss - money or property
Knowing the statement is untrue
Obtaining services dishonest where
Section 11 fraud act 2006
Actus reus for obtaining services dishonestly
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
Mens rea for obtaining services dishonestly
Dishonestly - ghosh
Knowing you must pay for the service
Intend not to pay for the service