Case
fraud
- Module
- Criminal law (LL1003)
- Institution
- Royal Holloway University Of London
my notes for end of year exams
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Criminal law fraudAR -> MAKE A FALSE REPRESENTATION OR FAIL TO DISCLOSE INFO OR ABUSE A POSITION
OF TRUST
MR -> DISHONESTLY WITH INTENTION TO MAKE OR GAIN FOR HIMSELF OR CAUSE A LOSS
TO ANOTHER
(AND for s2 KNOWLEDGE THAT THE REPRESENTATION IS OR MIGHT BE FALSE)
S1 SHOWS FRAUD COMMITTED IN 3 WAYS:
S2 FALSE REPRESENTATION
S3 FAILURE TO DISCLOSE INFO
S4 ABUSE OF POSITION
‘FALSE REPRESENTATION’ IS DEFINED UNDER S2(2)
AR -> MAKES A FALSE REPRESENTATION (EXPRESS/IMPLIED) THAT IS UNTRUE OR
MISLEADING
MR -> DISHONESTLY AND INTENDING TO MAKE A GAIN OR CAUSE A LOSS WHICH THE D
KNOWS IS UNTRUE OR MISLEADING
DPP V RAY CASE WHERE THE STUDENT WAS HAVING A MEAL BUT REALISED HE CANT PAY
BUT STAYED SILENT AND LEFT AFTER WAITOR WENT TO GET THE BILL BUT HIS SILENCE
WAS ENOUGH TO AMOUNT TO FALSE REPRESENTATION AS SITTING AND EATING A MEAL
WOULD GIVE THE RESTAURANT THE IMPRESSION HE WILL PAY FOR THE FOOD.
IDREES V DPP CASE WHERE THE D IMPERSONATED SOMEONE AND TOOK THEIR THEORY
DRIVING TEST AND JUST BY SHOWING ID IMPLIED FALSE REPRESENTATION
SILVERMAN CASE WHERE THE D OVERCHARGED TWO SISTERS AFTER HAVING DONE
WORK ON THEIR HOUSE, AS THEY DID NOT KNOW D WAS OVERCHARGING THIS WAS
FRAUD BY FALSE REPRESENTATION. IF THE V DID KNOW THEN THEY CAN CHOOSE TO NOT
PAY BUT IF THEY DID NOT KNOW AND THE D WAS AWARE THEN THIS WOULD AMOUNT TO
FALSE REPRESENTATION.
‘FAILURE TO DISCLOSE INFO’
AR -> D FAILED TO DISCLOSE INFO AND HAS A LEGAL DUTY TO DO SO
MR -> DISHONEST INTENTION TO MAKE A GAIN OR CAUSE A LOSS
FIRTH CASE WHERE THE D WAS UNDER A LEGAL DUTY TO DISCLOSE THE INFORMATION
THAT D WAS USING THE NHS HOSPITAL FOR PRIVATE PATIENTS AND TAKING MONEY. NHS
ALLOWS THIS BUT NEED TO BE AWARE AND NHS CONTROL THE COSTS.
‘ABUSE OF POSITION’
AR-> D IN A POSITION OF TRUST AND ABUSED HIS POSITION OF TRUST
MR-> DISHONEST INTENTION TO ABUSE HIS POSITION TO MAKE A GAIN OR CAUSE A LOSS
ABUSE OF POWER CAN BE AN OMISSION OR A POSITIVE ACT
VALUJEVS CASE WHERE D (GANG MASTERS) MADE UNWARRANTED DEDUCTIONS IN THEIR
WORKERS PAY DUE TO EXCESSIVE RENT AND FINES/PENALTIES.
ADDITIONAL OFFENCES..
MAKING OFF W/O PAYMENT, S11
AR -> MAKE OFF FROM THE SPOT W/O HAVING MADE ANY PAYMENT AS
REQUIRED/EXPECTED FOR FOOD AND SERVICES
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