Fraud

• What are the types of fraud?

  • Fraud by failing to disclose information - Section 3 Fraud Act 2006
  • Fraud by abuse of position - Section 4 Fraud Act 2006
  • Obtaining services dishonestly - Section 11 Fraud Act 2006
  • Fraud by false representation - Section 2 Fraud Act 2006
• Sentencing for Fraud

  • Magistrates' Court - 6 months and/or up to Level 5 fine
  • Crown Court - 10 years imprisonment and/or up to Level 5 fine
• What is the actus reus for fraud by false representation

  • Dishonestly making a representation to make a gain for himself or another or to cause loss to another
  • Representation may be express or implied
  • Express - communicated in words or conduct - R v Hamilton [2008]
  • Implied - D acts in a manner he knows is untruthful or misleading - R v Waterfall [1970]
  • May also be by ommission or silence - R v Rai [2000]
• What is the mens rea for fraud by false representation?

  • Dishonesty
  • Intention to make a gain (AG's Ref (no.1 of 2001) [2002]) or loss (R v Gilbert [2012]) relating to money or property
  • The knowledge that the representation was false - R v Augunas [2013]
• What is the actus reus for obtaining services dishonestly?

  By an act obtains for himself or another services without payment when expected
• What is the mens rea for obtaining services dishonestly?

  • Dishonesty
  • Knowledge that the services provided require payment
  • Intention to avoid payment fully or in part
• What is the actus reus for fraud by abuse of position?

  • Occupation of a position which he's expected to safeguard and abuses that position
  • Position doesn't need to be a privileged one
  • R v Pennock and Pennock [2014]
• What is the mens rea for fraud by abuse of position?

  • Dishonesty
  • Intention to make a gain or cause a loss
• What is the actus reus for fraud by failing to disclose information?

  • Failure to disclose information where there's a legal duty to disclose
  • R v Mashta [2010] - Continued to receive government benefits despite being employed
• What is the mens rea for fraud by failing to disclose information?

  • Dishonesty and intention to make a gain or cause a loss
  • No requirement of knowledge of the duty