Fraud Flashcards

1
Q

Name a case relevant to s2 of the Fraud Act 2006: Fraud by false representation

A

R v Barnard - where he dressed as an oxford university student in order to get a discount, this amounted to a false representation by words, gestures or conduct
DPP v Ray - left a restaurant without paying

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2
Q

When can s3 of the Fraud Act 2006: Fraud by failing to disclose information arise

A

The actus rea of this offence is when there is a legal duty to disclose information. The mens rea is dishonesty

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3
Q

Name a case relevant to s4: fraud by abuse of position

A

R v Marshall - Got a section 4 offence of fraud because laundered money from an elderly person in his care

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4
Q

What is the maximum sentence for fraud

A

10 years

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5
Q

“The law does have the merit of being clearly drafted, it is much simpler than before” - who said this?

A

Spencer

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