FRAUD Flashcards
(6 cards)
SECTION 2 FRAUD BY FALSE REPRESENTATION
A person is guilt of an offence who dishonestly makes a false representation and intends by making the representation to make a gain for himself or another or cause loss to another to expose another to a risk of loss.
Either way offence:
10 years/ fine indictment
12 months/ fine summarily
SECTION 3 FRAUD BY FAILING TO DISCLOSE INFORMATION
A person is guilty of an offence who dishonestly fails to disclose to another person information he is under a legal duty to disclose and intends by doing so to make a gain for himself or another or to cause loss to another or expose another to a risk of loss.
Either way offence:
10 years/fine - indictment
12 months/ fine - summarily
SECTION 4 FRAUD BY ABUSE OF POSITION
person is guilt of an offence who occupies a position in which he is expected to safeguard or not to act against the financial interests of another person and dishonestly abuses that position intending to make a gain for himself or another or cause loss to or expose another to risk of loss.
Either way offence:
10 years/ fine - indictment
12 months/fine - summarily
SECTION 6 POSSESSION OF ARTICLES FOR USE IN FRAUD
A person is guilt of an offence if he has in his possession or under his control any article for use in the course of or in connection with any fraud.
Either way Offence:
5 years/ fine - indictment
12 months/fine - summarily
SECTION 7 MAKING OR SUPPLYING ARTICLES FOR USE IN FRAUDS
A person is guilt of an offence if he makes, adapts, supplies or offers to supply any article, knowing it is designed or adapted for use in the course of or in connection with fraud or intending it be used to commit or assist in the commission of fraud.
Either way offence:
10 years/fine - indictment
12 months/ fine - summarily
SECTION 11 OBTAINING SERVICES DISHONESTLY
A person is guilty of an offence if he obtains a service for himself or another by a dishonest act. The service is obtained in breach of this section if the service is made on the basis payment has been, will be, is being made for them and the service is obtained without the payment or full payment being made and when the service is obtained the offender knows payment is required or that it may be required and intends that it won’t be made.
