Criminal Law: Fraud

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Last updated: February 8, 2024

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Hint	Answer
Statute	Fraud Act 2006
Actus Reus of fraud by false representation	Make a false representation
Actus Reus of fraud by false representation	Dishonesty
Mens Rea of fraud by false representation	Intention
	Make gain
	Cause loss
Section	S.2
3 aspects of making a representation	Subject
	Recipient
	Method
Is a gain or loss required in fact?	No
Actus Reus of fraud by failure to disclose information	Dishonesty
	Failure to disclose information
	Legal obligation to do so
Mens Rea of fraud by failure to disclose information	Intention
	Make gain
	Cause loss

Hint	Answer
Section	S.3
Where are legal duties identified?	Law Commission, Fraud (276, 2002)
When does D 'fail' to disclose info?	Nothing is disclosed
When does D 'fail' to disclose info?	Insufficient amount is disclosed
Actus Reus of fraud by abuse of position	Dishonesty
	Abuse of position
	Position safeguards financial interests
Mens Rea of fraud by abuse of position	Intention
	Make gain
	Cause loss
Section	S.4
What are the usual positions called?	Fiduciary duties
When does D abuse position?	It is undefined but has loose common law definition