Fraud

Fraud by false representation – s2 Fraud Act 2006

S2(1)

1. Dishonestly makes a false representation
2. Intends, by making the representation
1. To make a gain, or
2. Cause a loss or expose other to risk of loss

Actus reus

Making a representation

S2(3) Can be to as to fact or law, or state of mind

S2(4) Can be express or implied

• There is no limit on the way in which representation must be expressed. Can be written, spoken or published.
• (Silverman) excessive quotation for work to be done
• (Barnard) implied representation
• (Lambie) by misusing a credit card dishonestly D is implying he has authority to use it
• (Gilmartin) by drawing cheques D implied there is enough funds to meet them
• (Met Police Commander v Charles) D knew he did not have enough and would exceed his overdraft limit
  

S2(2) Representation must be false

1. Untrue or misleading
2. D knows that it is or, might be untrue or misleading (part of mens rea)

S2(5) A representation is regarded as being made when it is submitted in any form to any system or device

Mens rea

• Dishonesty – no definition, Ghosh test is intended to apply
• Knows or believes representation is/might be untrue or misleading
• Intends to make gain or cause a loss
• Gain or loss in money or property
• S5 Fraud Act 2006
• Property: real or personal including things in action and personal property
• Gain or loss temporary or permanent
• Or expose V to risk of loss

Does not matter whether anyone believes D