Fraud

S2 Fraud by false representation

AR:

• Making a representation (barnard, lambie,idrees)

• That is false. (silverman,whatcott)

MR:

• D knew representation was, or might be, false (Deller Auqunas)

• D was dishnonest (ivey)

• D intended to make a gain or cause a loss (gilbert).

S3 Fraud by failing to disclose information

AR:

• Fails to disclose to another person information.

• legal duty to disclose (R v D)

MR:

• D was dishonest.

• D intended to make a gain or cause a loss.

S4 Fraud by abuse of position

AR:

• Occupies a position.

• Expected to safeguard or not act against the financial interests of another person.

• Abuses that position (Marshall, Pennock and pennock)

MR:

• D was dishonest.

• D intended to make a gain or cause a loss.

S11 Obtaining services dishonestly

AR:

• Does an act.

• Thereby obtains services.

• Where the services are made available to him on the basis that payment has been or will be made AND he obtains them without (full) payment.

MR:

• D does the act dishonestly.

• D must know that the services are made to him on the basis that payment is made.

• D must intend that (full) payment will not be made.

S3 TA 1978

AR:

• Makes off (Brooks and Brooks).

• Goods suplied or services done.

• Without payment that is required or expected.

• On the spot ( Toughton, Allen).

MR:

• Dishonesty.

• Knowledge that payment on the spot is required or expected.

• Intention to avoid payment of the amount due.