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29 Cards in this Set

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whats the 3 diff ways u can commit fraud

false representation


failing to disclose information


abuse of positionwh

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

what kind of crime is fraud

a conduct crime

what does it mean that fraud is a conduct crime

dont have to prove a specific outcome

when is a representation false

if it is untrue or misleading


and the person making it knows that it is or might be

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

what can the representation be like

express or implied through IT or humans

whats the AR for false rep

actually false/misleading and D must know so

whats an example of express false rep

thief dressed as policeman

whats an example of implied false rep

presenting a stolen credit card

is it a false rep if D believes what they’re representating

no

which case said it was false representation if D arranged another person to take a driving test for them

Idrees v DPP

which case said sitting and ordering a meal without the intention to pay was false representation

DPP v Ray

can half truths count as false representation

might do

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

what case shows attempted fraud where D believes her statement is false when its actually true

R v Deller

the test for dishonesty in false representation is the same as...

theft

what two things does ‘gain’ and ‘loss’ relate to

money or other property

how long must the gain or loss be for false representation

temporary or permanent

can ‘gain’ for false representation extend to maintaining what you already have?

yes

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

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

how is section 3 (fraud by weongfully failing to disclose information) committed

normally online forms and w/o a clear victim

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

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

whats the MR for s11 obtaining services dishonestly

D does act dishonestly


must know payment is expected


intends not to pay

what case says posession of articles for use in fraud such as using an iphone to film cinema movies

R v Nimley

what is s3 making off without payment defined as

D knows payment is expected but dishonestly leaves without paying and intention to never pay

what case said leaving a taxi or restaurant without paying is a criminal offence

R v Morris