Fraud
Introduction:
The law commission report n276 ‘fraud’ 2002 recommended new fraud
crime. Can be found in Fraud Act 2006.
One dishonesty-based fraud offence s1:
o Making a false representation s2.
o Failing to disclose information s3.
o Abusing a position of financial trust s4.
Each form of fraud is a CONDUCT offence.
Liability doesn’t depend on whether d obtained anything or otherwise
benefited.
Offence is potentially very wide.
S2 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-
o To make a gain for himself or another or,
o To cause loss to another or to expose another to a risk of
loss.
Actus reus:
D makes a false representation.
Which is untrue or misleading.
Mens rea:
D dishonestly makes a false representation.
D knows that the representation is or might be false and,
D makes the representation with intent to gain or cause loss.
FALSE REPRESENTATION
S2(2) a representation is false if-
a. Its untrue or misleading and,
b. The person making it knows that it is or might be untrue or
misleading.
The representation can be as to fact or law.
Can include a representation as to someone’s state of mind s2(3).
Representation can be made in any way- orally, writing or any other
means.
Barnard [1837]
Representation must be made by d.
No requirement that the representation is made to a person s2(5). Can be
made on devices.
Even when made to another person, it’s irrelevant whether that other
person believed the representation or acted upon it.
Silence?
Representation can be express or implied by conduct s2(4).
Introduction:
The law commission report n276 ‘fraud’ 2002 recommended new fraud
crime. Can be found in Fraud Act 2006.
One dishonesty-based fraud offence s1:
o Making a false representation s2.
o Failing to disclose information s3.
o Abusing a position of financial trust s4.
Each form of fraud is a CONDUCT offence.
Liability doesn’t depend on whether d obtained anything or otherwise
benefited.
Offence is potentially very wide.
S2 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-
o To make a gain for himself or another or,
o To cause loss to another or to expose another to a risk of
loss.
Actus reus:
D makes a false representation.
Which is untrue or misleading.
Mens rea:
D dishonestly makes a false representation.
D knows that the representation is or might be false and,
D makes the representation with intent to gain or cause loss.
FALSE REPRESENTATION
S2(2) a representation is false if-
a. Its untrue or misleading and,
b. The person making it knows that it is or might be untrue or
misleading.
The representation can be as to fact or law.
Can include a representation as to someone’s state of mind s2(3).
Representation can be made in any way- orally, writing or any other
means.
Barnard [1837]
Representation must be made by d.
No requirement that the representation is made to a person s2(5). Can be
made on devices.
Even when made to another person, it’s irrelevant whether that other
person believed the representation or acted upon it.
Silence?
Representation can be express or implied by conduct s2(4).
