For2603

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selected crimes and transgressions
Anja Schutte
Note by Anja Schutte, updated more than 1 year ago
Anja Schutte
Created by Anja Schutte about 7 years ago
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FRAUD Def Fraud - unlawful and intentional perversion of the truth in order to defraud and results in actual or potential prejudice. Elements of fraud - intention, unlawful, act and prejudice. Specific elements - words, conduct, silence, writing.          words - verbal or written, most common, when one person tells another person that a particular fact exists while it does not. Can also occur          when a word(S) is spoken word is omitted in a document.            Conduct - behaving in a deceitful manner and pretending to be something/someone the person is not.           Silence - Duty to disclose, legal duty, need to prove there was a legal duty.           Writing - Also most common, example includes fraudulent cheques, have to prove the link between misrepresentation, the suspect and          prejudice.    FORGERY Def Forgery -  unlawful and intentional falsification of a document which is calculated to cause prejudice.  Def Prejudice - preconceived opinion not based on an actual fact. Elements of Forgery - Act, intention, unlawfulness and prejudice. Forms of Forgery - altered and no longer reflect original content, purports to be drawn up by a specific person.  Forged document - aims to be seen as genuine, imitate genuine document, counterfeit, signed in non-existing name, false copy of non-existing document, false content such as figures and dates. Attempted Forgery - non-legible writing, perp prevented from completing false document, pen or ink runs out whilst making false document, clumsy and unbelievable forgery.   UTTERING Def Uttering - intentional and unlawful with intent to defraud, putting off false document which causes prejudice or is potentially prejudicial.  elements of uttering 

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