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27 Cards in this Set
- Front
- Back
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whats the 3 diff ways u can commit fraud |
false representation failing to disclose information abuse of positionwh |
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what do all 3 forms of committing fraud require |
dishonesty and intention to make a gain or to cause a loss or the risk of loss to another |
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what kind of crime is fraud |
a conduct crime |
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what does it mean that fraud is a conduct crime |
dont have to prove a specific outcome |
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when is a representation false |
if it is untrue or misleading and the person making it knows that it is or might be |
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what is representation |
any representation as to the fact or law including the state of mind of the person making the representation any other person |
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what can the representation be like |
express or implied through IT or humans |
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whats the AR for false rep |
actually false/misleading and D must know so |
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whats an example of express false rep |
thief dressed as policeman |
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whats an example of implied false rep |
presenting a stolen credit card |
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is it a false rep if D believes what they’re representating |
no |
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which case said it was false representation if D arranged another person to take a driving test for them |
Idrees v DPP |
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which case said sitting and ordering a meal without the intention to pay was false representation |
DPP v Ray |
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can half truths count as false representation |
might do |
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whats the MR for false representation |
D knew the rep was or might be false D was dishonest D intended to make a gain or cause a loss |
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what case shows attempted fraud where D believes her statement is false when its actually true |
R v Deller |
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the test for dishonesty in false representation is the same as... |
theft |
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what two things does ‘gain’ and ‘loss’ relate to |
money or other property |
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how long must the gain or loss be for false representation |
temporary or permanent |
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can ‘gain’ for false representation extend to maintaining what you already have? |
yes |
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what is fraud by wrongfully failing to disclose information |
if D fails to disclose to another information which he is under a legal duty to disclose and intends to make a gain or cause loss to himself or another |
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whats the key element for s3 fraud by wrongfully failing to disclose information thag differs it from false representation |
there needs to be a legal duty to disclose which doesnt apply for s2 |
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how is section 3 (fraud by weongfully failing to disclose information) committed |
normally online forms and w/o a clear victim |
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what is fraud by abuse of position |
if through action or ommission, D occupies a position to safeguard or not act against the financial interests of another dishonestly abuses that position and intends to make a gain or cause a loss to himself or another |
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what the AR for s11 obtaining services dishonestly |
D obtains services for himself or another by an act and available on the basis a payment has/will be made but obtains w/o any payment |
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whats the MR for s11 obtaining services dishonestly |
D does act dishonestly must know payment is expected intends not to pay |
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what case says posession of articles for use in fraud such as using an iphone to film cinema movies |
R v Nimley |
