Fraud

Question 1

representation can be made only to a person- old law

Answer 1

Davies v Flackett

Question 2

Express representation- theory test

Answer 2

Idress v DPP [2011]

Question 3

Express Representation-lottery ticket

Answer 3

Farrakh Nizzar’s case

Question 4

old law about implied representation- continuing

Answer 4

DPP v Ray [1974]- The Defendant developed the mens rea after having eaten his meal, not when he walked in the restaurant

Question 5

phishing exercise case- false representation

Answer 5

Agrigoroaie and Savaoe [2015]

Question 6

test for dishonesty

Answer 6

Ivey [2017] confirmed in Barton [2020]`

Question 7

intention to gain or cause loss must not be too remote

Answer 7

Gilbert [2012]

Question 8

what are the 3 ways of committing fraud?

Answer 8

s.2- false representation
s.3-failure to disclose information
s.4-by abuse of position

Question 9

what position is to be abused for the offence of s.4 FA 2006

Answer 9

a position where one is expected to safeguard or not to act against another’s financial interests

Question 10

deputy manager of care home abusing position

Answer 10

Rouse [2014]

Question 11

grantee of a power of attorney abuses power

Answer 11

R v Riley [2021]

Question 12

where are the terms ‘gain’ and ‘‘loss’ defined?

Answer 12

s.5

Question 13

What is the offence found in s.11?

Answer 13

obtaining services dishonestly

Question 14

how does the ‘obtaining services dishonestly’ offence differ from ‘fraud’?

Answer 14

it requires an act and is a result offence- a service needs to be obtained

Question 15

possession of articles for use in frauds- recording films case

Answer 15

Nimley [2010]

Question 16

possession of articles- paper that turns into currency

Answer 16

Kazi [2010]- intended for sale with a magical chemical

Question 17

possession of articles- false driving licences

Answer 17

Montague [2013]

Question 18

conviction under s.6 is based on present and future use

Answer 18

Sakalauskas [2013]

Question 19

R v Smith [2020]

Answer 19

committed fraud then produced an article to cover up.- gardener with whom customers contracted and were unhappy with the work

Question 20

what is the offence of s.7 (1)?

Answer 20

making or supplying articles for use in frauds

Question 21

making off- the ‘spot’- at the till of a restaurant

Answer 21

Brooks and Brooks [1982]

Question 22

making off- the spot- the restaurant itself

Answer 22

McDavitt [1981]

Question 23

not paying a taxi driver who failed to complete the journey

Answer 23

Troughton v The Met Police [1987]- no conviction

Question 24

not paying when taxi driver has completed route

Answer 24

Aziz [1993]

Question 25

Where is the offence of 'making off' found?

Answer 25

s.3 (1) Theft Act 1978

Question 26

what does the case of Allen tell us- intention to avoid payment

Answer 26

needs to permanently intend to avoid not merely delay payment

Question 27

representation can be made to a machine

Answer 27

s.2 (5) FA 2006