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

	Criado por Anja Schutte mais de 6 anos atrás

selected crimes and transgressions

For2603