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Fraud And Making Off Without Payment Notes

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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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Revision: Criminal

[FRAUD AND MAKING OFF WITHOUT PAYMENT]
Fraud Act 2006 (FA)

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At the moment - there is little case law so reliant on statute and old cases

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Three different ways in which fraud can be committed:

1. Fraud by false representation - s2

2. Fraud by failure to disclose - s3

3. Fraud by abuse of position - s4

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Max penalty (s1) is 10 years in prison or unlimited fine

Fraud by false representation Section 2 AR:
? Express/implied representation

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S2(4) : representation may be express or implied

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An implied representation can arise from what the D does in fact say (R v King) or from his conduct (Barnard; DPP v Ray; R v Williams)

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R v Williams: presenting bank notes and coins which he knew they were obsolete

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R v Barnard : pretending to be an Oxford academic to receive discount

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DPP v Ray: eating in a restaurant is making a representation that there is an intention to pay (intention - if the D expresses an intention to do something which he doesn't intend, there is a false representation)

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Implied representation by silence alone?
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R v Twaite (2010): pure silence alone CANNOT be fraud by false representation

a) Representation as to fact, law or state of mind: s 2(3)

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Representation as to one's belief may satisfy s2 if it can be shown that the D does not in fact hold that opinion or belief 1

Revision: Criminal

[FRAUD AND MAKING OFF WITHOUT PAYMENT]

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Edgington v Fitzmaurice: 'it is very difficult to prove what the state of a man's mind at a particular time is, but if it can be ascertained it is much a fact as anything else'

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R v King: 2nd hand car dealer stated on a sticker that the mileage reading on a particular car 'may not be correct' - implied he wasn't certain that the reading was wrong when in fact he knew it was as he had altered it himself

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If the D is in a better position to express the belief or opinion than the other party this may also amount to a false representation o

Smith v Land and House Property Corp- 'if the facts are not equally known to both sides, then a statement of opinion by the one who knows the facts the best involved very often a statement of material fact, for he impliedly states that he knows facts which justify his opinion

b) The representation must be untrue or misleading: s2(2)(a)

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Issue of fact for the jury to decide

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Unclear as to what 'misleading' adds - See Smith & Hogan

Fraud by overcharging

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Basic rule in English law dictates that a person is entitled to charge whatever sum he thinks appropriate - 'buyer beware'

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But criminal liability in certain circumstances

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R v Silverman: o

Builder overcharged for work on two elderly sisters' home - circumstances of mutual trust, D dishonestly represented the charges as fair

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Watkins LJ placed emphasis on the vulnerability of the V R v Jones:

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Even though V was not vulnerable In the same way as in Silverman, the D was found guilty on the basis that there was a trust relationship between the D and the V

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