Unit 4 Lesson 5.7 Aquisitive Crimes - Fraud, Forgery And Uttering Flashcards
What are the components of fraud?
Falsehood (lie) - false representation by word of mouth or writing or false conduct
Fraud (cheat) - intention to deceive and defraud, and
Wilful imposition (gain) - what is required is that there is a practical result I.e. inducing a person to do what they would otherwise not have done
What is the essence of fraud?
When is the crime of fraud complete?
Not necessary that the accused has actual physical gain or the person defrauded should have incurred a loss in order to establish the crime.
Fraud is the bringing about of some form of practical result by means of false pretences.
The accused must have some measure of success before the crime is complete. In order to prove a charge of attempted fraud the scheme must have passed a stage of preparation and entered a state of perpetration tending to prejudice the interests of another.
What is s92 of the Police and Fire Reform (Scotland) Act 2012
It is an offence for a person (not a constable) to impersonate a constable with intent to deceive, or to do anything calculated to suggest that the person is a constable.
It is an offence for a person to be in possession or to wear an article of police uniform without permission of the authority - impersonating a police officer.
What is s96 of the Railway Clauses Consolidation (Scotland) Act 1845
Creates an offence for persons to travel on trains without paying the appropriate fare etc
What is s49 of the Criminal Justice and Licensing (Scotland) Act 2010
Creates an offence for a person to have in their possession (or under their control) any article for use in, or in connection with, the commission of fraud.
Define forgery and uttering.
“A crime at common law, and consists in the making and publishing of a writing feloniously intended to represent and pass for the genuine writing of another person”
Utterly means the tendering or presenting of a document.
What are the essential elements of forgery and uttering?
1) The document tendered was a “forged document”
2) The forged document was tendered to some other person in the pretence that it was genuine and authenticated
3) The document was uttered with the intention of disadvantaging the interests of another.
Note
Forgery itself is not a crime
What is s18 of the Forgery and Counterfeiting Act 1981?
Creates and offence for any person to reproduce any UK currency note without the consent of the Bank of issue (including photographs and photocopies)
What is s1 of the Official Secrets Act 1920
Creates an offence for any person to forge or possess any forged document or pass with intent to gain entry to any “prohibited place”
What is s173 of the Road Traffic Act 1988
Offence for any person to fraudulently forge or alter any driving licence or insurance certificate etc with intent to deceive.
