Fraud Flashcards
(25 cards)
Fraud
Fraud by false representation (s2)
Fraud by failing to disclose information (s3)
Fraud by abuse of position (s4)
Fraud by false representation (s2) AR
The defendant must make a representation that is false
The representation can be expressed or implied (s2(4)) - R v Hamilton
The representation can be made to a machine (s2(5))
Fraud by false representation (s2) MR
Dishonesty - R v Barton and Booth
An intention to make a gain or cause a loss - Kapitene
Knowledge or belief that the representation is false
The representation can be expressed or implied (s2(4))
R v Hamilton
R v Hamilton (fence panels)
Representations can be expressed.
An intention to make a gain or cause a loss
Kapitene
Kapitene (illegal immigrant, cleaner)
There is an intention to make a gain (wages paid to the defendant) and cause a loss (company loss money by paying wages to the defendant)
Fraud by failing to disclose information (s3) AR
The defendant must fail to disclose information when there is a legal duty to do so - R v D
Fraud by failing to disclose information (s3) MR
Dishonestly (fails to disclose information) - R v Barton and Booth
An intention to make a gain and cause a loss - R v Blight and Ingham
R v D (council tax)
The defendant was not guilty as there was no legal duty to disclose information at that time
R v Blight and Ingham (selling and profiting of shipwreck from WW1)
The defendants dishonestly failed to disclose information that they have taken possession of the wreck
There is an intention to make a gain (profit) and cause a loss (stealing confidential goods from the gov)
Fraud by abuse of position (s4) AR
The defendant was in a position in which they were expected to safeguard, or not to act against, the financial interests of another person - R v Marshall
The defendant abused the position - R v Gayle
There often will be a legal fiduciary duty, although a duty is not essential - R v Valujevs
Fraud by abuse of position (s4) MR
Dishonesty - R v Barton and Booth
An intention to make a gain or cause a loss - Kapitene
The defendant was in a position in which they were expected to safeguard, or not to act against, the financial interests of another person
R v Marshall
R v Valujevs
R v Marshall (care home manager)
The defendant withdrawed money from victims bank account (care home manager vs resident)
There often will be a legal fiduciary duty, although a duty is not essential
R v Valujevs
R v Valujevs (unlicensed gangmaster)
Defendant was found guilty because a legal fiduciary duty was not essential to be found guilty
The defendant abused their position
R v Gayle
R v Gayle (drug smuggler)
The defendant used his work position (working at the airport) to facilitate a criminal offence (smuggling drugs)
Why fraud easier to prove than theft?
There is no need to prove actual consequences
Do not need intent to permanently deprive
Sentencing
Triable-either way offence
Max 10 years imprisonment (Crown Court)
Obtaining services dishonestly (s11)
good thing theres no case law to rmb :)
Obtaining services dishonestly (s11) AR
An act
Obtain
Services
Payment not made / not made in full
Obtaining services dishonestly (s11) MR
Dishonesty
Knowledge
Intention
