Unit 4 Lesson 5.7: Fraud, Forgery and Uttering

Question 1

Three components of fraud?

Answer 1

Falsehood - false representation
Fraud - intention to deceive and defraud
Wilful imposition - inducing a person to do what they would otherwise not have done

Question 2

Does the frauder need to have gained anything or the defrauded lose anything for the crime to be present?

Answer 2

No

Question 3

Explain s.92 of the Police and Fire Reform (Scotland) Act 2012 (fraud)

Answer 3

Offence to impersonate a Constable

Question 4

Explain S.96 of the Railway Clauses Consolidation (Scotland) Act 1845 (fraud)

Answer 4

Offence to travel on trains without paying appropriate fare

Question 5

What is forgery and uttering?

Answer 5

Making and publishing of a writing feloniously intended to represent and pass for the genuine writing of another person

Question 6

Essential elements of forgery and uttering?

Answer 6

1. Document tendered was a forged document
2. The forged document was rendered to some other person in the pretence that it was genuine and authenticated
3. Document was uttered with the intention of disadvantaging the interests of another

Question 7

When a forged document is uttered who is the principal offender?

Answer 7

The person tendering the document, no matter who forged the document.

Actual forger only guilty if proved he had prior guilty knowledge (and then accessory)