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Fraud And Making Off Without Payment Notes

GDL Law Notes > GDL Criminal Law Notes

This is an extract of our Fraud And Making Off Without Payment document, which we sell as part of our GDL Criminal Law Notes collection written by the top tier of Cambridge/Bpp/College Of Law students.

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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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