Fraud Flashcards
Under s1 Fraud Act 2006 what are the four ways that Fraud can be committed
s2 - False representation
s3 - Failing to disclose information
s4 - Abuse of position
s11 - Obtaining services dishonestly
Actus reus of false representation
D makes a representation which is false.
It is untrue or misleading
Two cases of verbal false representation
Barnard [1837]
Expressly untrue fact
Idrees [2011]
Impersonation
Three cases of conduct
DPP v Ray [1973]
Is silence implied deception - decided not to pay for meal
Rai [2000]
Collected grant from Council on behalf of dead mother
Harris [1975]
Implied conduct - pay hotel
The mens rea for false representation
D dishonestly makes false representation
D intends to gain for himself
Cases to determine dishonesty
Ghosh [1982]
Hayes [2015]
Ordinary standards or reasonable and honest person
Following the reform of the Theft At 1968 which acts still remain
s15 Theft Act 1968
Obtaining property by deception
s16 Theft Act 1968
Obtaining a pecuniary advantage by deception
Both require causation
What was the ruling in Preddy [1996]
Highlighted problem with the law as it didn’t cover money transfers obtained by deception
What case clears up s3 Fraud Act 2006
Firth [1989]
Would omission suffice or is a conviction dependant on an act
What case clears up s11 Fraud Act 2006
DPP v Ray [1973]
Can silence be a deception
The difficulties with the Fraud Act 2006
Jurors struggle to understand elements of offences
Risk of unfair trials
The actus reus of s1 is too wide
