Fraud

Question 1

what year was the fraud act passed

Answer 1

2006

Question 2

what is section 1

Answer 2

fraud

Question 3

what is s1(1) of fraud

Answer 3

a person is guilty of fraud if he is in breach of any of the sections listed in the subsection

Question 4

what is subsection 1(2)(a) of fraud

Answer 4

fraud by false representation

Question 5

what is subsection 1(2)(b) of fraud

Answer 5

fraud by failing to disclose information

Question 6

what is subsection 1(2)(c) of fraud

Answer 6

fraud by abuse of position

Question 7

what is the maximum sentence for fraud

Answer 7

10 years

Question 8

what is section 2 of the fraud act

Answer 8

fraud by false representation

Question 9

what is s2(1)(a) of fraud by false representation

Answer 9

a person is in breach of this section if he dishonestly makes a false representation

Question 10

what is the s2(1)(b) of fraud by false representation

Answer 10

a person is in breach of this section if he intends by making the representation:
i) to make a gain for himself or another
ii) to cause loss to another or to expose another to a risk of loss

Question 11

what section is the actus reus for fraud by false representation ruled under

Answer 11

s2(3)

Question 12

what is the actus reus of fraud by representation

Answer 12

• the representation can be fact, law or a state of mind
• there is no need for completed communication
• must be representation to someone or something

Question 13

what is section 2(5)

Answer 13

the actus reus includes statements to machines

Question 13

how is the representation presented in the actus reus

Answer 13

• represented by words, gestures, conduct
• needs to be directly through an agent
• it can be an omission
• there wasn’t a mention of previous convictions or county court judgement

Question 14

what is s2(4) of fraud by false representation

Answer 14

the representation can be expressed or implied

Question 15

R v Barnard (1837)

Answer 15

D went into a shop wearing an Oxford gown but wasn’t a member and went in to a shop and got a discount. Charged with fraud

Question 16

Idrees v DPP [2011]

Answer 16

D took the theory test while impersonating someone else, they were held guilty

Question 17

DPP v Ray [1974]

Answer 17

ate meal at a restaurant then realised they couldn’t pay so they ran out and were charged under the theft act

Question 18

what must be the representation be

Answer 18

false

Question 19

what does section 2(2) require the false representation to be

Answer 19

a) its untrue or misleading
b) the person making it knows it is or might be untrue or misleading

Question 20

Cornelius [2012]

Answer 20

a solicitor didn’t make false representation when providing a certificate saying the property was free

Question 21

what is the mens rea for fraud by false representation

Answer 21

• knowledge that is or might be untrue or misleading
• intention by such false representation to make a gain/cause a loss/cause a risk
• dishonesty
• there must be knowledge
• it includes wilful blindness

Question 22

what must there be in the mens rea for fraud by false representation

Answer 22

intention

Question 23

what is intention ruled under for fraud by false representation

Answer 23

s2(1)(b)

Question 24

what does s2(1)(b) establish

Answer 24

the person must intend by making the representation: i) to make a gain for himself or another ii) to cause loss to another or to expose another to a risk of loss

Question 25

what is s5(2)

Answer 25

includes gain and loss

Question 26

what is s5(3)

Answer 26

gain includes keeping what one has

Question 27

what tests did Ivey v Genting Casinos UK ltd [2017] establish

Answer 27

1) what was the defendant's actual knowledge or belief as to the facts 2) was the defendants conduct honest or dishonest applying the standards of ordinary decent people

Question 28

what is section 3 of the fraud act

Answer 28

fraud by failing to disclose information

Question 29

what is the definition of fraud by failing to disclose information

Answer 29

a person is in breach of this section if he dishonestly fails to disclose another person information which he is under a legal duty to impose

Question 30

what is the actus reus of section 3

Answer 30

- failure to disclose any or sufficient information - there is a legal not moral duty to disclose - it includes a civil law duty

Question 31

what is the mens rea for section 3

Answer 31

- intention to make a gain/cause a loss/risk of loss - dishonesty knowledge isn't required