• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

Card Range To Study

through

image

Play button

image

Play button

image

Progress

1/22

Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

22 Cards in this Set

  • Front
  • Back

Where is Fraud By False Representation found?

S2 Fraud Act 2006.

Actus Reus of Fraud By False Representation

The making of a representation which is false.

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.

S2 (3) Fraud Act 2006

The representation made can be as to fact, law or state of mind.

S2 (4) Fraud Act 2006

The representation can be express or implied.

R v Silverman (1987)

Making an excessive quote for work to be carried out is an express representation.

R v Hamilton (2008)

Verbal communication to the victim is an express representation.

R v Barnard (1837)

The wearing of a uniform can give an implied representation as to fact.

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.

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.

R v Gilmartin (1983)

Drawing cheques represents funds in the account to honour the value of the cheque.

Metropolitan Police Commissioner v Charles (1976)

There can be an implied representation to use a cheque with the use of a cheque guarantee card.

S2 (5) Fraud Act 2006

The representation can be submitted to any system or device designed to receive, convey or respond to communications.

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.

Misleading

A matter of fact as to whether something is true or not.

Does the defendant need to gain an advantage from his representation?

No.

Does the victim need to believe the false representation?

No.

Dishonest

The R v Ghosh (1982) 2-part test applies here.

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?

Know or Believe

If the defendant knows or believes their representation is, or might be, untrue or misleading, this is sufficient.

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).

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.