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22 Cards in this Set
- Front
- Back
Where is Fraud By False Representation found? |
S2 Fraud Act 2006. |
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Actus Reus of Fraud By False Representation |
The making of a representation which is false. |
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Mens Rea of Fraud By False Representation |
Dishonestly knowing or believing the representation to be untrue or misleading with a view to gain or intent to cause loss. |
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S2 (3) Fraud Act 2006 |
The representation made can be as to fact, law or state of mind. |
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S2 (4) Fraud Act 2006 |
The representation can be express or implied. |
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R v Silverman (1987) |
Making an excessive quote for work to be carried out is an express representation. |
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R v Hamilton (2008) |
Verbal communication to the victim is an express representation. |
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R v Barnard (1837) |
The wearing of a uniform can give an implied representation as to fact. |
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R v Lambie (1981) |
The use of a credit card gives an implied representation not to exceed its limit and authority to use the card. |
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DPP v Ray (1973) |
If the original representation is genuine, a change of mind can later product deception, such as deciding to not pay for a meal afterwards. |
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R v Gilmartin (1983) |
Drawing cheques represents funds in the account to honour the value of the cheque. |
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Metropolitan Police Commissioner v Charles (1976) |
There can be an implied representation to use a cheque with the use of a cheque guarantee card. |
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S2 (5) Fraud Act 2006 |
The representation can be submitted to any system or device designed to receive, convey or respond to communications. |
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S2 (2) Fraud Act 2006 |
A representation is false if:
(a) - It is untrue and misleading; and (b) - The person making it knows that it is, or might be untrue or misleading. |
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Misleading
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A matter of fact as to whether something is true or not. |
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Does the defendant need to gain an advantage from his representation? |
No. |
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Does the victim need to believe the false representation? |
No. |
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Dishonest |
The R v Ghosh (1982) 2-part test applies here. |
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R v Ghosh (1982) 2-part test |
1. Were the actions of the defendant dishonest according to the ordinary standards of reasonable and honest people? 2. Did the defendant believe he was dishonest according to those standards? |
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Know or Believe |
If the defendant knows or believes their representation is, or might be, untrue or misleading, this is sufficient. |
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Gain or Loss |
The defendant needs to have a view to gain or intent to cause loss. This does not actually need to be achieved and can be temporary or permanent (S5 Fraud Act 2006). |
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R v Laverty (1970) |
It's not necessary to show that the victim was influenced. It merely needs to be proven that the defendant had a view to gain or intent to cause loss. |