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Fraud Offences

Fraud Offences. Fraud by False representation (Fraud Act 2006 s.2) Obtaining Services Dishonestly (Fraud Act 2006 s.11) Making off without Payment (Theft Act 1978 s.3). Fraud by False representation (Fraud Act 2006 s.2). Elements of this offence: False representation Dishonesty

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Fraud Offences

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  1. Fraud Offences Fraud by False representation (Fraud Act 2006 s.2) Obtaining Services Dishonestly (Fraud Act 2006 s.11) Making off without Payment (Theft Act 1978 s.3)

  2. Fraud by False representation (Fraud Act 2006 s.2) Elements of this offence: • False representation • Dishonesty • Knows representation was/might be untrue or misleading • Intends to make a gain for himself or another, cause loss to another or expose to a risk of loss,

  3. Examples of FFR

  4. Fraud Act 2006 s.2 Fraud by false representation • (1)A person is in breach of this section if he— • (a)dishonestly makes a false representation, and • (b)intends, by making the representation— • (i)to make a gain for himself or another, or • (ii)to cause loss to another or to expose another to a risk of loss. • (2)A representation is false if— • (a)it is untrue or misleading, and • (b)the person making it knows that it is, or might be, untrue or misleading. • (3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of— • (a)the person making the representation, or • (b)any other person. • (4)A representation may be express or implied. • (5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

  5. False Representation • No one has to believe/rely on FR. • Representation can be to fact (This is a real Rolex)or law s.2(3) • Problem arises where representation is of an opinion eg. This car is in ‘good ‘ condition (DPP V Ray) • Representation to State of Mind EG. Asking to borrow £10 for different purpose to what you intend in your mind. S2(3) • Representation can be express or implied (MPC V Charles and Lambie) • May be made electronically EG. Phishing • May be made to a machine s.2(5) Fraud by False representation (Fraud Act 2006 s.2) Intent to gain/cause loss No need for anyone to have suffered or be exposed to any loss or that D makes a gain. • Dishonestly (Ghosh) • Would D’s behaviour be regarded as dishonest by the standards of reasonable and honest people? • Was D aware that his conduct would be regarded as dishonest by reasonable and dishonest people? Knowing Untrue/Misleading Actual knowledge representation is untrue or misleading

  6. Obtaining Services Dishonestly (Fraud Act 2006 s.11) Elements of this offence: • Obtains for himself/another • Services • Dishonestly • Knowing services are made available on basis that payment has been, is being or will be made. • Avoids or intends to avoid payment in full or part

  7. Examples Climbing over wall to watch a match Downloading music/videos Leaving without paying for a meal Using someone elses season ticket

  8. Obtains for himself or another • There must be proof that the services have been actually obtained • No deception is actually required Services Must be of a type that is usually charged for. Eg. Football matches, Concerts, Festivals, data over the internet, restaurant meal. Banking services (Sofroniou) • Dishonestly (Ghosh) • Would D’s behaviour be regarded as dishonest by the standards of reasonable and honest people? • Was D aware that his conduct would be regarded as dishonest by reasonable and dishonest people? Obtaining Services Dishonestly(Fraud Act 2006 s.11) Knowing services made on basis that payment D must get services either by not paying for it or not paying in full Avoids or intends to avoid payment in full or in part Anyone who knows that payment on spot is expected or required and who then dishonestly makes off without paying. Allen (1985)

  9. Making off without Payment (Theft Act 1978 s.3) Elements of this offence: • Goods supplied or services done • Makes off (Leaves) • Without paying as required/expected • Knowing payment on spot is required • Dishonesty • Intent to avoid payment

  10. Goods supplied or services done Eg. Repairs, goods, meals, car parks. Most be legally enforceable. Makes off from the spot Departing: You should look at the manner of departing 9Brooks & Brooks (1983) Spot: Place where payment is expected/required (McDavitt) Fails to pay on the spot as required or expected R V Vincett: If there was an agreement to pay no offence. Making Off Without Payment(Theft Act 1978 s.3) • Dishonestly (Ghosh) • Would D’s behaviour be regarded as dishonest by the standards of reasonable and honest people? • Was D aware that his conduct would be regarded as dishonest by reasonable and dishonest people? Intention to avoid payment permanently Honest belief that credit is being given will mean that the offence is not being committed. (Allen 1985) Knows that payment on the spot is required or expected R V Vincett

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