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Fraud Lecture Notes
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Criminal law, Fraud Lecture Notes
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R v Ghosh [1982] QB 1053 - old law on dishonesty (Theft/Fraud), replaced with Ivey.Fraud
Prior to the Fraud Act 2006
“We are not to indict one for making a fool of another” Holt CJ in Jones (1703) 91
Eng Rep 330
Deception of individuals were not recognised under the old law.
Old law only punished certain frauds - one’s that threatened the public.
Common law: conspiracy to defraud.
Theft Act 1968: deception offences = result crimes (prosecution had to establish that
someone gained something from the offence).
e.g., obtaining property/services by deception
Fraud = conduct crime - can be committed regardless of consequence.
No one definition of fraud, three types of fraud, however.
Fraud Act 2006 s.1 - took all deception sections from Theft Act.
Someone commits fraud by -
false representation (s.2)
failing to disclose information (s.3)
abuse of position (s.4)
MENS REA FOR ALL FRAUD OFFENCES IS THE SAME - DISHONESTY AND INTENTION TO MAKE
GAIN/CAUSE LOSS/EXPOSE RISK OF LOSS
Fraud Act 2006, s.2(1) - FALSE REPRESENTATION
Actus reus - false representation
Mens rea - knowing that the representation is/might be false, dishonesty, intention to make
gain/cause loss/expose to risk of loss
D is guilty of fraud if he dishonestly makes a false representation to V knowing that the
representation is false, with intention to make gain, cause loss or expose V to a risk of loss.
What is a representation?
- Any representation as to fact or law, including state of mind (e.g., where D says she
will pay for the goods on delivery when she has no such intention): Fraud Act 2006,
s.2(3)
- Representations to machines (where D submits a representation to a device to
respond with/without human intervention e.g., automated call centres): s.2(5)
- Any method of representation (e.g., written, spoken etc): Idrees v DPP (2011) EWCH
624 (Admin) - D arranged through another person to impersonate him and pass his
driving theory test on his behalf.
- Express (obvious lie e.g., selling a ‘real’ diamond, is actually glass) or implied (not
obvious lie e.g., you imply that you will pay for a bill at a restaurant): s.2(4)
False Representation:
Fraud Act 2006, s.2(2): untrue (e.g., ‘my car has had no problems’ when it has) or misleading
(e.g., ‘my car runs really well’ at the moment is unsaid).
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