Dishonesty
Fraud Act 2006:
AR of fraud:
1. Under s2, make a false representation, OR
2. Under s3 fail to disclose information when under a legal duty to do so,
OR
3. Under s4 occupy a position of trust and abuse that trust.
MR of fraud:
Dishonesty
Intention to make a gain or cause a loss to another
Defining Dishonesty:
Partially covered in s2 of Theft Act
R v Ghosh – was it dishonest according to ordinary standards of
reasonable and honest people; did D realise what he was doing was
dishonest by these standards?
Overruled in Ivey v Genting – what did D know/believe; based on this
was D dishonest by standards of ordinary decent people?
Fraud Act 2006:
AR of fraud:
1. Under s2, make a false representation, OR
2. Under s3 fail to disclose information when under a legal duty to do so,
OR
3. Under s4 occupy a position of trust and abuse that trust.
MR of fraud:
Dishonesty
Intention to make a gain or cause a loss to another
Defining Dishonesty:
Partially covered in s2 of Theft Act
R v Ghosh – was it dishonest according to ordinary standards of
reasonable and honest people; did D realise what he was doing was
dishonest by these standards?
Overruled in Ivey v Genting – what did D know/believe; based on this
was D dishonest by standards of ordinary decent people?
