Potential criminal liability of Fanny: Fraud by false representation and by failure to disclose, Robbery and
making off without payment.
In relation to her potential liability to fraud, Fraud Act 2006 provides that fraud can be committed by
ways of three. On the facts, Fanny may be liable for fraud by false representation as stated under
section 2 of Fraud Act 2006 and fraud by failure to disclose information stated under section 3.
In relation to her potential liability to fraud under section 2 of the 2006 Act, the same section provides
for fraud committed by a false representation.
AR elements of fraud by false representation: The making of a representation which is false in nature.
Representation- section 2(3) provides for the definition of a representation. A representation means any
representation as to facts or law.
On the facts, Fanny had made a representation as to facts when she stated that she did not have a
history of family heart problems.
False representation- section 2(2) provides that the representation is to be deemed as false when it is
misleading or untrue.
On the facts, Fanny had made a statement stating that she did not have any history of family heart
problems, which in fact her grandfather had died from a heart attack. Thus she her representation is
untrue therefore false.
MR elements of fraud by false representation: Knowledge of the statement being false. Intention to
make a gain or loss. Dishonesty.
Knowledge of the statement being false- section 2(2) (b) provides that the person making the false
representation must know that the statement made is false. And Augunas provides that the knowledge
is to be determined by a test subjective to the defendant.
On the facts, Fanny as a person who knows her grandfather’s cause of death due to their family
relationship, is in a position to know that her statement stating that she does not have any family heart
problems is untrue.
Intention to make a gain or cause loss- section 5(2) provides that the gain or loss must be financial or
property. The intention must be direct, which includes foresight of virtual certainty.
On the facts Fanny clearly had the intention to make a gain for herself and to cause a financial loss to
the insurance company. As it is virtually certain that the false statement will cause a financial loss to the
insurance company due to her family history of heart problems.
Dishonesty- to be determined by the test of Ivey which is a question for the reasonable and honest
ordinary members of jury to decide whether the defendant is dishonest, if the answer is an affirmative,
the defendant is dishonest.
On the facts, it is very probable for the members of jury to find Fanny dishonest. As if Fanny is an honest
person, she would not have made a false statement in order to make a gain for herself and a loss to the
insurance company. Thus fanny is dishonest.
making off without payment.
In relation to her potential liability to fraud, Fraud Act 2006 provides that fraud can be committed by
ways of three. On the facts, Fanny may be liable for fraud by false representation as stated under
section 2 of Fraud Act 2006 and fraud by failure to disclose information stated under section 3.
In relation to her potential liability to fraud under section 2 of the 2006 Act, the same section provides
for fraud committed by a false representation.
AR elements of fraud by false representation: The making of a representation which is false in nature.
Representation- section 2(3) provides for the definition of a representation. A representation means any
representation as to facts or law.
On the facts, Fanny had made a representation as to facts when she stated that she did not have a
history of family heart problems.
False representation- section 2(2) provides that the representation is to be deemed as false when it is
misleading or untrue.
On the facts, Fanny had made a statement stating that she did not have any history of family heart
problems, which in fact her grandfather had died from a heart attack. Thus she her representation is
untrue therefore false.
MR elements of fraud by false representation: Knowledge of the statement being false. Intention to
make a gain or loss. Dishonesty.
Knowledge of the statement being false- section 2(2) (b) provides that the person making the false
representation must know that the statement made is false. And Augunas provides that the knowledge
is to be determined by a test subjective to the defendant.
On the facts, Fanny as a person who knows her grandfather’s cause of death due to their family
relationship, is in a position to know that her statement stating that she does not have any family heart
problems is untrue.
Intention to make a gain or cause loss- section 5(2) provides that the gain or loss must be financial or
property. The intention must be direct, which includes foresight of virtual certainty.
On the facts Fanny clearly had the intention to make a gain for herself and to cause a financial loss to
the insurance company. As it is virtually certain that the false statement will cause a financial loss to the
insurance company due to her family history of heart problems.
Dishonesty- to be determined by the test of Ivey which is a question for the reasonable and honest
ordinary members of jury to decide whether the defendant is dishonest, if the answer is an affirmative,
the defendant is dishonest.
On the facts, it is very probable for the members of jury to find Fanny dishonest. As if Fanny is an honest
person, she would not have made a false statement in order to make a gain for herself and a loss to the
insurance company. Thus fanny is dishonest.
