Property offences - Fraud by false representation Flashcards
What are the three ways of committing fraud?
1 -fraud by false representation, section 2;
2- fraud by failure to disclose, section 3; and
3- fraud by abuse of position, section 4.
What is the AR and MR of Fraud by false representation?
a) Actus reus
- Express or implied representation
- Representation as to fact, law or state of mind
- Representation untrue or misleading
b) Mens Rea
- Dishonesty
- Mens rea for the false statement
- Intention to make a gain or cause a loss
ACTUS REUS: What is implied representation?
Implied representation:
- What the defendant says
- The defendant’s conduct
ACTUS REUS: What is representation as to fact, law or state of mind ?
A representation as to the state of mind, whether of the defendant or any other person, requires further consideration.
A false representation as to one’s belief may satisfy the requirements if it can be shown that the defendant does not in fact hold that opinion or belief.
ACTUS REUS: What is ‘representation untrue or misleading’?
For the jury to determine.
The Act describes a false representation as one that is untrue or misleading.
MENS REA: what do we mean by ‘dishonesty’?
(same test as the one in theft)
(i) What was the defendant’s knowledge and belief as to the facts?
(ii) Given that knowledge and those beliefs, was the defendant dishonest by the standards of ordinary decent people?
MENS REA: What do we mean with false statement?
The defendant must know, or be aware, that the statement is untrue or misleading.
MENS REA: What is the intention to make a gain or cause a loss?
The deception offences required that the defendant actually obtain something as a result of D’s representation.
It is enough that the defendant:
* intends to make a gain for themselves;
* intends to make a gain for someone else;
* intends to cause a loss to another; or
* exposes someone to a risk of loss.
