Fraud Flashcards
I have a card skimming device at home. I do not intend to use it. I have however used it previously. Possessing?
No - must have the article for the purposes of committing frauds in the future
Can you obtain services dishonestly from a prostitute?
Yes
If i sneak into a free event, am i obtaining services dishonestly?
No must be paid event
Does someone need to know that it is untrue or misleading?
Yes or might be
Can you be guilty of only offering to supply articles for use in fraud similar to drugs?
Yes
For the possession offence can it be electronic/data?
Yes
Can you commit a false instrument offence if you produce fake bank notes?
No
It is important to understand the component parts of forgery, which are basically false instruments and counterfeiting. Offences classed as ‘forgery’ include virtually every kind of document except bank notes. Coins and currency are the subject of a separate group of offences classed as counterfeiting. Therefore, as he has been involved in ‘forging’ bank notes, CHANNING cannot commit the offences of making and using a false instrument (answer A is therefore incorrect), copying and making a false instrument (answer B is therefore incorrect) and using a false instrument (answer C is therefore incorrect). Offences relating to currency are dealt with by the Forgery and Counterfeiting Act 1981.
If I sneak into a concert without a ticket but I’m ejected before it starts have I obtained a service dishonestly?
No as it hasn’t yet started.
Unlike other Fraud Act 2006 offences, the offence under s. 11 is not a conduct crime; it is a result crime and requires the actual obtaining of the service. Since HALL was ejected “before” the concert began, a service has not been obtained and the full offence under s. 11 is not committed (it is “possible” that an attempt has been made in these circumstances). Answer B is incorrect. This offence does not require a fraudulent representation or deception—it requires the offender to obtain a service by a dishonest act. Answer D is therefore incorrect. Sneaking into such a place and watching a concert (the service) “would” amount to a dishonest act; therefore, answer A is incorrect.
Firearms officer doing a presentation accidentally shoots a pen operator not realising it was loaded when he pointed it at them. The operator dies. Manslaughter?
If the defendant did not have that “mens rea”, the offence of manslaughter will not be made out
In the case of R v Lamb [1967] 2 QB 981, the defendant pretended to fire a revolver at his friend. Although the defendant believed that the weapon would not fire, the chamber containing a bullet moved round to the firing pin and the defendant’s friend was killed. As the defendant did not have the “mens rea” required for an assault his conviction for manslaughter was quashed. If the defendant did not have that “mens rea”, the offence of manslaughter will not be made out
Can you obtain services dishonestly by not paying a prostitute?
Yes
Betty does a car insurance quote and she enters incorrect information not realising that she has to disclose something about a previous incident. Has she committed the offence of failing to disclose?
No she must KNOW that she has to disclose.
What is the main difference between obtaining services dishonestly and MOWP?
Obtain services must involve intent being formed BEFORE services are obtained whereas MOWP involves intent being formed AFTER.
Can you MOWP from a prostitute?
No
Do we have to show financial gain or intent to make a loss for false instrument offence?
No we just have to show that they had the intention that he or another shall use it to induce somebody to accept it as genuine and by reason of so accepting it do or not do some act to his own or any other persons prejudice.
Are uncertified copies of birth certificates specific instruments for the purpose of forgery and counterfeiting act?
No they must be certified or certified copies.
