R v Ghosh [1982] QB 1053 - old law on dishonesty (Theft/Fraud), replaced with Ivey.
Fraud
Prior to the Fraud Act 2006
“We are not to indict one for making a fool of another” Holt CJ in Jones (1703) 91
Eng Rep 330
Deception of individuals were not recognised under the old law.
Old law only punished certain frauds - one’s that threatened the public.
Common law: conspiracy to defraud.
Theft Act 1968: deception offences = result crimes (prosecution had to establish that
someone gained something from the offence).
e.g., obtaining property/services by deception
Fraud = conduct crime - can be committed regardless of consequence.
No one definition of fraud, three types of fraud, however.
Fraud Act 2006 s.1 - took all deception sections from Theft Act.
Someone commits fraud by -
false representation (s.2)
failing to disclose information (s.3)
abuse of position (s.4)
MENS REA FOR ALL FRAUD OFFENCES IS THE SAME - DISHONESTY AND INTENTION TO MAKE
GAIN/CAUSE LOSS/EXPOSE RISK OF LOSS
Fraud Act 2006, s.2(1) - FALSE REPRESENTATION
Actus reus - false representation
Mens rea - knowing that the representation is/might be false, dishonesty, intention to make
gain/cause loss/expose to risk of loss
D is guilty of fraud if he dishonestly makes a false representation to V knowing that the
representation is false, with intention to make gain, cause loss or expose V to a risk of loss.
What is a representation?
- Any representation as to fact or law, including state of mind (e.g., where D says she
will pay for the goods on delivery when she has no such intention): Fraud Act 2006,
s.2(3)
- Representations to machines (where D submits a representation to a device to
respond with/without human intervention e.g., automated call centres): s.2(5)
- Any method of representation (e.g., written, spoken etc): Idrees v DPP (2011) EWCH
624 (Admin) - D arranged through another person to impersonate him and pass his
driving theory test on his behalf.
- Express (obvious lie e.g., selling a ‘real’ diamond, is actually glass) or implied (not
obvious lie e.g., you imply that you will pay for a bill at a restaurant): s.2(4)
False Representation:
Fraud Act 2006, s.2(2): untrue (e.g., ‘my car has had no problems’ when it has) or misleading
(e.g., ‘my car runs really well’ at the moment is unsaid).
Fraud
Prior to the Fraud Act 2006
“We are not to indict one for making a fool of another” Holt CJ in Jones (1703) 91
Eng Rep 330
Deception of individuals were not recognised under the old law.
Old law only punished certain frauds - one’s that threatened the public.
Common law: conspiracy to defraud.
Theft Act 1968: deception offences = result crimes (prosecution had to establish that
someone gained something from the offence).
e.g., obtaining property/services by deception
Fraud = conduct crime - can be committed regardless of consequence.
No one definition of fraud, three types of fraud, however.
Fraud Act 2006 s.1 - took all deception sections from Theft Act.
Someone commits fraud by -
false representation (s.2)
failing to disclose information (s.3)
abuse of position (s.4)
MENS REA FOR ALL FRAUD OFFENCES IS THE SAME - DISHONESTY AND INTENTION TO MAKE
GAIN/CAUSE LOSS/EXPOSE RISK OF LOSS
Fraud Act 2006, s.2(1) - FALSE REPRESENTATION
Actus reus - false representation
Mens rea - knowing that the representation is/might be false, dishonesty, intention to make
gain/cause loss/expose to risk of loss
D is guilty of fraud if he dishonestly makes a false representation to V knowing that the
representation is false, with intention to make gain, cause loss or expose V to a risk of loss.
What is a representation?
- Any representation as to fact or law, including state of mind (e.g., where D says she
will pay for the goods on delivery when she has no such intention): Fraud Act 2006,
s.2(3)
- Representations to machines (where D submits a representation to a device to
respond with/without human intervention e.g., automated call centres): s.2(5)
- Any method of representation (e.g., written, spoken etc): Idrees v DPP (2011) EWCH
624 (Admin) - D arranged through another person to impersonate him and pass his
driving theory test on his behalf.
- Express (obvious lie e.g., selling a ‘real’ diamond, is actually glass) or implied (not
obvious lie e.g., you imply that you will pay for a bill at a restaurant): s.2(4)
False Representation:
Fraud Act 2006, s.2(2): untrue (e.g., ‘my car has had no problems’ when it has) or misleading
(e.g., ‘my car runs really well’ at the moment is unsaid).
