By false representation (Fraud - Core principles of criminal liability) Flashcards
(12 cards)
What are the essential elements of the offence of fraud by false representation under Section 2 of the Fraud Act 2006?
1) A false representation
(2) made dishonestly,
(3) with the intent to make a gain or cause loss or risk of loss to another.
What qualifies as a false representation under the Fraud Act?
A statement that is untrue or misleading, and which the person making it knows or believes might be untrue or misleading.
Can a representation made to a machine or online system amount to fraud under Section 2?
Yes. Representations made through automated systems or websites are still considered representations under the Act, even without human interaction.
Is it necessary for the false representation to lead to an actual gain or loss for the offence to be committed?
No. The offence only requires intention to make a gain or cause a loss or risk of loss. No actual gain or loss is needed.
Can implied conduct or behaviour amount to a false representation under the Fraud Act?
Yes. Representations can be express or implied, including actions that convey false information or intentions.
What is the current legal test for dishonesty in fraud cases as established in Barton and Booth?
Dishonesty is assessed by the objective standards of ordinary decent people, regardless of whether the defendant believed their actions were honest.
Is it a defence in fraud to argue that the defendant believed their conduct wasn’t dishonest?
No. The subjective belief of the defendant is not relevant. Dishonesty is determined objectively by societal standards.
If someone uses another person’s personal data without consent in an online financial application, intending to secure funds for themselves, have they committed fraud?
Yes. Submitting another’s details falsely, even to a machine, with intent to gain, constitutes fraud by false representation, regardless of outcome.
Does the false representation in a fraud offence have to relate to fact, or can it also relate to law or state of mind?
A false representation can relate to fact, law, or even the state of mind of the person making it or another person.
If someone enters false details into an online system intending to benefit themselves, but the system rejects the application, have they committed fraud?
Yes. As long as the intention to gain was present and the representation was dishonest and false, the offence is complete—even without a successful outcome.
Can fraud by false representation occur even if the person making the representation is related to the individual whose information was used?
Yes. Familial relationship does not prevent liability. Using someone else’s details without consent, dishonestly, with intent to gain, is still fraud.
In the context of the Fraud Act, what does the phrase “expose another to a risk of loss” mean?
It refers to situations where the false representation puts another person in jeopardy of financial or property loss, even if the loss does not actually occur.
