Fraud

Question 1

Mens rea for fraud

Answer 1

• Must be dishonesty
• Intention to gain or cause loss/risk

Question 2

Does property have to have been obtained to prove fraud?

Answer 2

• No, there needs to be an intention to gain by making a representation, failing to disclose or abusing position

Question 3

Does anyone need to be deceived to prove fraud?

Answer 3

• No, not under the new Fraud Act 2006

Question 4

Gilbert [2012]

Answer 4

• Must be a direction to the jury that the director must be shown to have intended to make a gain from the misrepresentation

Question 5

Case: Fraud by false representation

Answer 5

• O’Leary [2013]
• D made the false representation to an elderly woman with dementia that he had done work on her roof and needed to be paid

Question 6

AR: meaning of “false”

Answer 6

• A false representation can be untrue or misleading
• Whether the defendant believes the statement is untrue

Question 7

Case: Does attempted fraud exist?

Answer 7

• Deller
• Salesman says the car is free of encumberances
• Believed this statement to be false - he had been in a financing arrangement with it
• However, the deal was actually invalid. The statement was therefore true
• Could be an attempted fraud by false representation

Question 8

AR: What is the meaning of “representation”

Answer 8

• Representation could be:
• As to fact
• As to law
• As to the state of mind of the person making it, or someone else
• Express or implied

Question 9

Case: Implied representation (general)

Answer 9

• Barnard (1837)
• Implied representation by wearing a gown, even if he hadn’t stated he was a student, the implied representation was to induce the belief

Question 10

Case: Implied representation through another agent

Answer 10

• Idrees v DPP
• Implied represention can be made through an other/ an agent

Question 11

Case: Implied representation (hotel)

Answer 11

• Harris
• Booking into a hotel is an implied representation of intention to pay at end of stay

Question 12

Case: Continuing representation

Answer 12

• Ray [1974]
• Remaining at table in a restaurant after eating is continuing representation to pay for it

Question 13

Case: Representations when using a payment card

Answer 13

• Lambie [1982]
• In presenting a card you are representing the vendor will be paid
• That D has the authority of the bank to use the card

Question 14

Case: Mens rea: Wilful blindness

Answer 14

• Augunas
• If an accused person wilfully shuts his eyes to the obvious doubts as to the genuineness of the misrepresentation that he is making, he knows it might be untrue or misleading

Question 15

Failure to disclose: Razoq [2012]

Answer 15

• Signed contract to agree that he would inform locum agency of any disciplinary proceedings against him
• NHS was making proceedings against him
• Lawful duty to disclose

Question 16

Failure to disclose: Mashta [2010]

Answer 16

• D receiving asylum support on grounds of destitution
• Then gained employment
• Failure to disclose employment

Question 17

Failure to disclose: White [2014]

Answer 17

• Wasn’t explicitly asked if he was employed when making mortgage application
• No legal duty to disclose, and not asked (not guilty)
• Should be noted he DID make an explicit false representation as well

Question 18

Failure to disclose: D [2019]

Answer 18

• 25% discount on council tax for unoccupied property
• Didn’t tell the council when she actually moved into the property and continued to receive the discount
• She was not oblidged in law, as there is no duty to disclose this under local council legislation