Criminal Law Fraud Exam Questions
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Criminal Law Fraud Exam Questions.pdf Criminal Law Fraud Exam Questions.pdf Criminal Law Fraud Exam Questions.pdf
,Criminal Law- Fraud.pdf Criminal Law- Fraud.pdf Criminal Law- Fraud.pdf
Outline the difference between the deception offences The Theft Act 1968 to the Fraud Act 2006
on Theft Acts 1968 and Fraud Act 2006 There was a multitude of specific fraud offences = Obtaining property by
deception (Theft Act 1968 s15), Obtaining a money transfer by deception (15a),
obtaining a pecuniary advantage by deception (s16, procuring the execution of
a valuable security by deception (s20); obtaining by services by deception
(Theft Act 1968 s1)
Fraud Act 2006:
- Abolished the old specific offences with one general fraud offence, where
fraud can be committed in one of 3 ways: fraud by false representation, fraud
by non-disclosure, fraud by abuse of position
- Any trial must be fair within the terms of Article 6 of the ECHR
- The actus reus of the new fraud offence is minimalist.
- An essential ingredient of the new offence, like the old ones, is dishonesty.
However, where is the old offence is required the defendant by his dishonesty
to have obtained something, or two of cause something to happen, under the
new law it is enough for the defendant to have behaved dishonestly with this
aim in mind.
Criminal Law- Fraud.pdf Criminal Law- Fraud.pdf Criminal Law- Fraud.pdf
, Criminal Law- Fraud.pdf Criminal Law- Fraud.pdf Criminal Law- Fraud.pdf
What are the 3 types of Fraud (Section 1 Fraud Act (a) section 2 (fraud by false representation),
2006)
(b) section 3 (fraud by failing to disclose information), and
(c) section 4 (fraud by abuse of position).
What is the actus reus for each of the 3 elements of A) s2: fraud by false representation. D must intend by making the representation
fraud? —
B) s 3: fraud by failing to disclose information. D must intend by failing to
disclose the information--
C) S 4: fraud by abuse of position. D must intend by means of the abuse of
position
Criminal Law- Fraud.pdf Criminal Law- Fraud.pdf Criminal Law- Fraud.pdf