Property Offences: Fraud

Question 1

where is the law for fraud found

Answer 1

s.1 Fraud Act 2006

Question 2

what is the definition of fraud

Answer 2

-s.1(1); guilty if breach of anything in subsection (2)
-s.1(2);
(a) s.2 fraud by false rep
(b) s.3 fraud by failing to disclose information
(c) s.4 fraud by abuse of position

Question 3

what is s.2 FA 2006

Answer 3

-fraud by false rep/ breach if
(a) dishonetsly makes a false rep and
(b) intends, by making the rep (i) to make a gain for himself or another or (ii) to cause loss to another or expose another to a false rep

Question 4

where is the definition for a representation found and give a case example

Answer 4

-s.2(3); any rep as to fact/ law, including a representation as to the state of mind of
(a) the person making the representation or
(b) any other person
-R v Idrees; D impersonating another for written driving test was fraud

Question 5

what happened / is the legal principle in R v Idrees

Answer 5

-D impersonating anither for written driving test was fraud by false rep

Question 6

give 5 subsections relating to fraud by false rep

Answer 6

-s.2(1)(a,b); explains how D is in breach for fraud by false rep
-s.2(3); explains what a representation is
-s.2(5); machines can be deceived
-s.2(4); representation can be express or implied
-s.2(2)(a,b); explains how rep can be false

Question 7

what happened / is the legal principle in R v Barnard

Answer 7

-rep can be express or implied
-R v Barnard; implied rep by D going to Oxford shop in uni gown

Question 8

what is s.2(2)

Answer 8

-rep= false if
(a) its untrue or misleading and
(b) D knows that it is, or might be , untrue or misleading

Question 9

how is rep being untrue / misleading s.2(2) assessed

Answer 9

-matter of fact
-no requirement for rep to be material/ significant
-must intend ‘ by making rep’ to make gain / cause loss

Question 10

what is meant by misleading

Answer 10

-less than wholly true and capable of interpretation by the detriment of V

Question 11

what is the MR for ALL fraud (each 3 ways to commit offence)

Answer 11

D must intend, by whatever section, to make
(i) make a gain for himself or another or
(ii) to cause loss to another or expose another to a risk of loss

Question 12

what constitutes attempted fraud by false rep

Answer 12

-only if D believes statement is true/ makes true statement unknowingly (as D must know that rep is/might be misleading
-R v Augunas; this is assessed obj

Question 13

what is the legal principle in R v Augunas

Answer 13

-whether D believes statement (false rep) is true or if he made a true statement unknowinglyy (thus making it attempted fraud) is to be assessed obj

Question 14

what is s.3 FA 2006

Answer 14

-failure to disclose info
-in breach if
(a) dishonestly fails to disclose to another person info which he is under a legal duty to disclose
(b) intendsby failing to disclose info to (i) make gain for himself/ another or (ii) cause loss to another/expose risk of loss

Question 15

what is the AR of s.3 (legal principle + case)

Answer 15

-D must have legal duty to disclose info (moral duty not sufficient)
-R v D; must be proof of specific legal obligation to disclose , an ‘obvious’ duty is insufficient

Question 16

what is legal principle in R v D

Answer 16

-must be proof of specific legal obligation to disclose , an ‘obvious’ duty is insufficient

Question 17

what is s.4(1) FA 2006

Answer 17

s.4(1);fraud by abuse of position
breach if
(a)occupies a position in which he is expected to safeguard or not to act against the financial interests of another person
(b)dishonestlt abuses that position
(c)intends by means of the abuse of that position - (i) make gain for himself/ another (ii) cause loss to another or expose to risk of loss

Question 18

what is s.4(2) FA 2006

Answer 18

D can abuse position via omission

Question 19

what are the 3 key parts of the AR of s.4 abuse of position but are undeffined by statute

Answer 19

-position
-expected
-abuse

Question 20

give 3 legal principles regarding position s.4(1)

Answer 20

-s.4(2); can abuse position via omission
-D not required to know he is in a position of trust
-Law Commission egs of ‘position’ = directors/companies, professionals/clients, employers/employees

Question 21

what case explains expectation s.4(1) abuse of position

Answer 21

R v Valujevs; CA ruled expectation was an objective word based off the RP and is applied by the jury

Question 22

what is the legal principle in R v Valujevs

Answer 22

• CA ruled expectation was an objective word based off the RP and is applied by the jury

Question 23

how is abuse established s.4(1) abuse of position

Answer 23

-Q of fact for jury