Fraud Flashcards
(15 cards)
what is the section 1 of the fraud act 2006
fraud by false representation
How does one breach the sec 1 of the fraud act?
by dishonestly making a false rep, intend to make the rep to make a gain for himself or another or to cause loss to another or expose another to a risk of loss.
what is the actus reus of fraud by false representation
D to have made a representation and this rep to be false.
what are the three aspects of representation
the subject, the recipient and the method
what does representation mean?
Facts or law including rep as to the state of mind of the person making the rep or any other person
what is an example of a rep made about a state of mind?
Their intention or beliefs or those of another
———- should always be treated as representations of D’s beliefs as to facts.
matters of opinion
who is the recipient of a representation
the victim as well as any system that is made to design convey or respond to communications
Will D have committed an offence if she makes a representation intending it to be exclusively private?
No, offence will only catch representation if it is aimed at influencing other.
Can representation be made indirectly if yes elaborate with an example.
representation can be made indirectly through an agent.
Idrees v DPP [2011] EWHC 624
where having failed the driving test multiple times, D arranged for another third person to impersonate him and pass the test on his behalf. D was charged with fraud by false representation (F.R) and the F.R being the impersonation of P whilst acting as D’s agent.
Does it matter whether the represent is expressed or implied
Barnard ( 1837) 7C and P784( pre - FA 2006)
D wearing the gown and cap of an oxford uni student and requesting for student finance. D clearly deceived through the note that he was a student. However, Bolland B said that even if he did not present the note, his dress provided an implied deception sufficient for liability.
Can omission cause liability to fraud by false representation
Yes, if D makes a true rep to V but facts change and then D omits to inform the V of this change. Here D’s rep will be interpreted as a continuing act to include her failure to inform V after the facts changed.
Implied continuing representation is essential to liability
what is meant by ‘false’ representation
A representation is false if it is untrue or misleading or if the person making it knows that it might be or is untrue or misleading.
If D believes her statement is false but it turns to be true, will there be fraud?
No. there will not be fraud but the charge here would be attempted fraud.
What is the Ivey test about
The Ivey test for dishonesty involves assessing the defendants actual state of knowledge or beliefs as to the facts and then determining whether their conduct was dishonest by the standards of ordinary decent people.
