fraud

fraud

s2 Fraud Act 2006
1. Dishonestly
  1. GHOSH test
    1. would the reasonable person have considered ds actions to be dishonest?
    2. did the defendant realise they were being dishonest?
2. representation
  1. fact : where the d states something as to fact that is untrue
  2. law: where the d states the law knowing it is untrue
  3. state of mind: stating they will pay when their intent isn't to pay
  4. s2 (4) representations can be express or implied
    1. Barnard : the actions of the defendant can imply a representation
  5. s2(5) representations can be made to machines receiving or responding to communications
3. false
  1. s2(2) untrue or misleading or the d knows it is or that it might be untrue or misleading
    1. misleading : fraud law government response to consultation 2004: less than wholly true
4. intention to make a gain or loss
  1. direct - mohan : making the decision to bring about a prohibited consequence
s11 Fraud Act 2006
1. obtains : the fraud has to be successful through the taking of services
2. services : s11 explanatory notes : using false card details for internet transactions or watching a football match without paying.
3. not paid for: the services must not be paid for or at least paid for in full.
4. dishonestly
  1. Ghosh test
    1. would a reasonable person have considered d's actions to be dishonest?
    2. did the defendant realise their actions were dishonest?
5. knowledge : there must be knowledge by the defendant that payment is expected.
6. the defendant must have intention not to pay: if theye merely think someone else has paid then they can't be guilty
  1. direct intention - mohan
  2. R V Allen

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