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Fraud - Coggle Diagram
Fraud
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MR of false representation - dishonesty knowing the representation is untrue, misleading and intending to make a gain, cause a loss or cause a risk of loss
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AR of false representation - makes a false representation, through communication, confirming someone else's assumption indirectly, through silence, by doing nothing
for D to be convicted, nobody has to have been frauded
Met Police v Charles (1977) - D knew not to cash more than 1 cheque a day. D wrote many cheques to the casino so he could gamble but the cheques later bounced. He was held guilty of fraud as the representation he made was false
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for a representation to be untrue, the D just know it is untrue or misleading, requires subjective understanding from the D
requires D to have knowledge that the representation might be untrue and not simply a reckless awareness of a risk that it might be untrue
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no requirement for gain to include making a profit, gain can occur where D obtains money they are already entitled to
AR of fraud by failing to disclose information - legal duty to disclose information in existence and failure to disclose that information
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not a defence for fraud by failing to disclose information by saying D was ignorant to or unaware of the existence of a legal duty to disclose
if there is no legal duty to disclose information, there is no offence under fraud by failing to disclose information
failure to disclose information does not need a positive act, only an omission
MR of failing to disclose information - dishonestly and intending to make a gain, cause a loss or cause a risk of loss
AR of fraud by abuse of position - expected to be a safeguarded, abuses that position, acting against the V's financial interests, make gain for themselves, cause loss to another
a person may have abused their position even though their conduct was an omission, not an act
MR of fraud by abuse of power - dishonestly and intending to make a gain, cause loss or the risk of loss