Fraud

authority for fraud

fraud act 2006

is fraud a result or conduct crime?

conduct - no requirement for D to make a gain or V to suffer a loss

3 fraud offneces

s.1(2)(a) - fraud by false representation

s.1(2)(b) - fraud by failing to disclose information

s.1(2)(c) - fraud by abuse of position

fraud by false representation

a person is guilty of this section if he: (1) dishonestly makes a false represenation and (b) intents to make a gain or cause a loss to another

AR of fraud by false representation

false representation

represenation

any representation as to fact or law, or state of mind (of the person making the false represenation or any other person)

when is represenation made

when D communicates to the person they are seeking to deceive - no need for completed communication

representation to machines

is possible

direct or indirect?

both

express or implied?

both is

is representation by omission possible?

yes - failure to mention something

government of UAE v Allen

what makes a representation false?

(a) it is untrue or misleading

(b) the person making it knows it is untrue or misleading

MR of fraud by false representation

KNOWLEDGE

. knows it is or may be untrue or misleading

. subjective

. inlcudes wilful blindness

INTENTION

. must intend to make and gain or cause a loss

DISHONESTY

. Ivey definition

Ivey dishonestly test

1. what was D’s knowledge or belief as to the facts

2. in light of the conclusion to q1, was D’s conduct dishonest applying the standards of ordinary reasonable people

fraud by failure to disclose information

a person is in breach of this section is he (a) dishonestly fails to disclose to another poerson information which he is under legal duty to disclose, and (b) intends to make a gain for himself for another, or cause loss to another

AR of fraud by failure to disclose information

failure to disclose any or sufficient nformation

legal (not moral) duty to disclose

MR of fraud by failure to disclose information

intention to make a gain / cause a loss

dishonesty