GDL Criminal Law (Distinction Level) Fraud and Making off Without Paying
7 views 0 purchase
Course
GDL
Institution
GDL
Concise notes on distinguishing the Actus Reus and Mens Rea for Fraud and Making Off Without Payment including:
* Fraud by false representation - Fraud Act 2006 (s2)
* Fraud by failure to disclose - Fraud Act 2006 (s3)
* Fraud by abuse of position - Fraud Act 2006 (s4)
Making Off Without P...
Fraud by False Representation
- It’s a conduct rather than a result crime
- All that is required for the actus reus is a false representation. There is no requirement
that this representation deceives anyone.
- Maximum penalty: 10 years
Actus Reus Mens Rea
1. Making a False Representation - 1. Knowing rep is false or might be - s 2(2)(b)
S2(1)(a) 2. Dishonesty s2(1)(a)
2. S 2(3)“Representation” as to: 3. Intention to make a gain for self or another/to
Fact cause loss to another/expose another to risk of loss -
Law s 2(1)(b)(ii)
State of mind of the defendant or
any other person Gain/loss in money or other property - Defined s 5
= s 5(2)(a)
Actus Reus
A representation is false if
S2(2) it is untrue or misleading …
S 2 (3) "Representation" means any representation as to fact or law, including a representation as
to the state of mind of
(a) the person making the representation, or
(b) any other person.
S2(4) A representation may be express or implied.'
S 2(5): representation can be “submitted in any form to any system or device designed to receive,
convey or respond to communications (with or without human intervention)”
1. Express/Implied Representation An implied representation can arise from what
S2(4) the defendant says or from his conduct
R v King - 2nd hand car dealer, stated milage
‘may not be correct’ when he knew it wasn’t
because he had changed it.
, DPP v Ray - an intention to do something, when
he in fact has no such intention, this may also
amount to a false representation… orders food
and didn’t pay
Idrees v DPP – failed driving theory test 15
times, booked a test (in english) and it was
taken and passed by someone else – the person
who took the test made a false representation
by conduct that he was Idrees. CONVICTED OF
S2 FRAUD ACT
Some one who aides and abets an offence can
be charged, convicted, and sentenced for the
full offence
Representation implied by silence??
R v Twaite – RAF officer, applied for married
quarters, but got married on a later day. They
moved in on the agreed day… charged with
fraud via false rep… claim failed. Silence didn’t
count. … it has to be silence accompanied by
something (an action)
2. Representation as to fact, law or state Representation as to fact or law is
of mind – s2(3) straightforward.
Representation as to the state of mind = if it
can be shown that the defendant does not in
fact hold that opinion or belief
Edgington v Fitzmaurice he directors of a
business provided a prospectus which contained a
range of debentures, in order to invite subscriptions.
The directors stated that the debentures were in
order to enable the business to complete alterations
to the buildings of the company, to develop trade
and to purchase vans and horses. However, it was
later discovered that the real reason for issuing the
debentures was for the directors to pay off other
liabilities
R v King – 2nd – hand car dealer, stated milage
‘may not be correct’ when he knew it wasn’t
because he had changed it.
Smith v Land and House Property Corporation
- 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…. “the
state of a mans mind is as much a fact as the
state of his digestion”
The representation must be untrue or a false representation is one that is untrue or
misleading misleading.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller mayaharruna. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $13.55. You're not tied to anything after your purchase.
