fraud

fraud

1. s2 Fraud Act 2006

   • Dishonestly
     • GHOSH test
       • would the reasonable person have considered ds actions to be dishonest?
       • did the defendant realise they were being dishonest?
   • representation
     • fact : where the d states something as to fact that is untrue
     • law: where the d states the law knowing it is untrue
     • state of mind: stating they will pay when their intent isn't to pay
     • s2 (4) representations can be express or implied
       • Barnard : the actions of the defendant can imply a representation
     • s2(5) representations can be made to machines receiving or responding to communications
   • false
     • s2(2) untrue or misleading or the d knows it is or that it might be untrue or misleading
       • misleading : fraud law government response to consultation 2004: less than wholly true
   • intention to make a gain or loss
     • direct - mohan : making the decision to bring about a prohibited consequence

2. s11 Fraud Act 2006

   • obtains : the fraud has to be successful through the taking of services
   • services : s11 explanatory notes : using false card details for internet transactions or watching a football match without paying.
   • not paid for: the services must not be paid for or at least paid for in full.
   • dishonestly
     • Ghosh test
       • would a reasonable person have considered d's actions to be dishonest?
       • did the defendant realise their actions were dishonest?
   • knowledge : there must be knowledge by the defendant that payment is expected.
   • the defendant must have intention not to pay: if theye merely think someone else has paid then they can't be guilty
     • direct intention - mohan
     • R V Allen