2901085
Description
Mind Map by beccehjane, updated more than 1 year ago
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Created by beccehjane
almost 9 years ago
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False Representation:
S2 Fraud Act 2006
- AR
- S2(3) Make a representation
(fact, law, state of mind)
- S4(2) may be
express/implied
- S2(5) is also made when it
is submitted to any form of
system/device
- R v Rai, conduct amounted to a
continuing representation that
mother was still alive
- R v Firth, silence amounted to
a continuing representation
- Barnard, to gain student credit
claimed by wearing cap and gown,
also expressing he was a student
- Lambie, by using credit card she
implied she had authority to do so
- MPC v Charles, writing more
cheques then agreed, implied
he had authority to use
- S4(2) may be
express/implied
- S2(2)(a)
Representation is false
- 'something that is
untrue/misleading'
- R v Silverman, his silence
amounts to false representation
- 'something that is
untrue/misleading'
- S2(3) Make a representation
(fact, law, state of mind)
- MR
- S2(1)(a)
Dishonestly
- Ghosh Test: 1) Was Ds conduct dishonest according to
ordinary standards of reasonable and honest people?
2) Was D aware conduct would be regarded as
dishonest by there people?
- Ghosh Test: 1) Was Ds conduct dishonest according to
ordinary standards of reasonable and honest people?
2) Was D aware conduct would be regarded as
dishonest by there people?
- S2(2)(b) Know/believe
representation might
be untrue/misleading
- misleading: 'less than wholly true and
capable of an interpretation to the
detriment of the victim'
- misleading: 'less than wholly true and
capable of an interpretation to the
detriment of the victim'
- S2(1)(b) Intend to make
gain/cause loss (money/property)
- S5(2) = real/personal
- no requirement for D to
make gain/cause loss
- S5(2) = real/personal
- S2(1)(a)
Dishonestly
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