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Fraud And Making Off Without Payment Notes

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A more recent version of these Fraud And Making Off Without Payment notes – written by Cambridge/Bpp/College Of Law students – is available here.

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Criminal: Fraud and Making Off Without Payment Introduction - Fraud

- Fraud: d's acts or words designed to trick v. into parting with property or offering services. before 2007: no statutory offence - common law offence of conspiracy to defraud (but actual offence: theft or obtaining by deception).
? problematic: app. to new situations, esp. electronic trading. Fraud Act 2006: new offence of fraud; old deception offences abolished. v. little case law: have to rely on statute/old law.

- Fraud Act 2006: 1 offence of fraud; 3 ways to commit. s1: fraud - by s2, s3 or s4. s1(3): maximum penalty - 10 years. s2: fraud by false representation. s3: fraud by failure to disclose. s4: fraud by abuse of position.

Fraud by False Representation - s2 Fraud Act 2006.

- s2 Fraud Act. (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 risk of loss. (2): a representation is false if - (a): it is untrue or misleading, and (b): d. knows that it is, or might be, untrue or misleading. (3): 'representation' - as to: fact law (a): state of mind of d. or (b): any other person. (4): representation can be express or implied. (5): inc. submission to any system/device designed to receive, convey or respond to communications (with or without human intervention).

Actus Reus

- D. makes false representation - s2(1)(a). false rep: one that is untrue or misleading - s2(2)(a). question of fact: jury decides.

- Representation as to fact, law or state of mind - s2(3). fact/law: straightforward.

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