90269
Description
Mind Map by divine_lyadiee, updated more than 1 year ago
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Created by divine_lyadiee
almost 11 years ago
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to risk of loss
- Fraud act 2006- one offence which can be
committed 3 ways:
- S.2 Dishonestly makes a false representation & s2(3)
representation as to fact/ law it may be express/implied. It is false
if it is untrue/ merely misleading.
- fraud can be committed against a machine, s5(2).
- Dishonestly fails to disclose information which
he is under legal duty to disclose not defined by
statute.
- Abuse of position in which he is
expected to safeguard the interests
of another
- Abuse of position in which he is
expected to safeguard the interests
of another
- fraud can be committed against a machine, s5(2).
- S.2 Dishonestly makes a false representation & s2(3)
representation as to fact/ law it may be express/implied. It is false
if it is untrue/ merely misleading.
- MR representation must be dishonest- Ghosh
test
- according to the ordinary standard of reasonable people what was done
= dishonest.
- If dishonest - jury must consider whether D himself realised what he was doing was
dishonest by those standards.
- If dishonest - jury must consider whether D himself realised what he was doing was
dishonest by those standards.
- according to the ordinary standard of reasonable people what was done
= dishonest.
- S11 - dishonestly obtaining services
- an offence to obtain services for which payment has
been, is being, will be expcected, D avoids part / full payment.
- an offence to obtain services for which payment has
been, is being, will be expcected, D avoids part / full payment.
- Conspiracy to defraud - an agreement to deprieve a
person of something which is his entitled, injure
proprietary right.
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