Fraud and Obtaining Services Dishonestly
Indictable only offences
Max sentence = 10 years
Involves a factual statement or gesture which is untrue/misleading made to induce the other party
to suffer a loss or the D or another to make a gain
Fraud:
S.2 Fraud by False Representation:
Fraud is outlined under S.2 of the Fraud Act (2006)
D is guilty of fraud if he:
o Dishonestly makes a false representation and,
o D intends to make a gain/cause a loss
D:
a) Dishonestly makes a false representation and
b) Intends, by making the representation –
i. To make a gain for himself or another or
ii. Cause a loss to another or to expose another to the risk of loss
AR:
Conduct only crime – so the offence is complete once the representation has been made
No one has to believe or even know representation has been made
Representation:
̶ S.2 (3)
̶ Can be:
o Facts
o Law
o State of Mind e.g. lend me £10 to buy a law book, but you really want the money to go
to the pub
o To machine S.2 (5):
Any system or device designed to receive, convey or respond to communications
E.g. internet, cash machine, telephone
, ̶ 2 types of representation:
EXPRESS representation IMPLIED representations
Clearly given Conduct
Written Actions
Spoken Charity collecting box and pocketing the money
Posted on website e.g. Barnard (1873)
False identity
False reference
Excessive quotations
Key Cases:
Case: Facts: Expressed/Implied:
Silverman (1987) D gave excessive quotation to Expressed – deceiving them as
2 elderly sisters on their flat to the true cost of the repairs
and profit being made
Barnard (1873) D wore a gown and cap in a Implied – wore cap and gown
shop in Oxford. which only commoners wore.
D then said he was a fellow Expressed – said he was a
commoner to the shop keeper. fellow commoner.
Based on this, the shopkeeper
agreed to sell them goods on
credit.
Lambie (1981) Exceeded card limit. Asked to Expressed – obtained
return the card. Agreed to do pecuniary (money) advantage
this, but didn’t. A few days by deception
later, he purchased goods.
DPP v Ray (1973) D in restaurant with three Expressed – agreed to pay by
friends. Didn’t have enough eating the food, but didn’t.
money, but 1 friend agreed to Representing they were
pay. However, after eating, honest customers and would
they decided not to pay and pay for meal constituted false
waited for the waiter to leave representation
and ran away without paying
Idrees v DPP (2011) D presented himself to take a Implied – turning up at test
driving test in someone else’s centre and presenting
name someone else’s ID impliedly
claiming to be that person
Raj (2000) Applied for grant to build Expressed - although initial
downstairs bathroom for his representation was true,
elderly mother. Grant became false.
approved however 2 days after
mother died. Didn’t tell council
of changed circumstances.
Indictable only offences
Max sentence = 10 years
Involves a factual statement or gesture which is untrue/misleading made to induce the other party
to suffer a loss or the D or another to make a gain
Fraud:
S.2 Fraud by False Representation:
Fraud is outlined under S.2 of the Fraud Act (2006)
D is guilty of fraud if he:
o Dishonestly makes a false representation and,
o D intends to make a gain/cause a loss
D:
a) Dishonestly makes a false representation and
b) Intends, by making the representation –
i. To make a gain for himself or another or
ii. Cause a loss to another or to expose another to the risk of loss
AR:
Conduct only crime – so the offence is complete once the representation has been made
No one has to believe or even know representation has been made
Representation:
̶ S.2 (3)
̶ Can be:
o Facts
o Law
o State of Mind e.g. lend me £10 to buy a law book, but you really want the money to go
to the pub
o To machine S.2 (5):
Any system or device designed to receive, convey or respond to communications
E.g. internet, cash machine, telephone
, ̶ 2 types of representation:
EXPRESS representation IMPLIED representations
Clearly given Conduct
Written Actions
Spoken Charity collecting box and pocketing the money
Posted on website e.g. Barnard (1873)
False identity
False reference
Excessive quotations
Key Cases:
Case: Facts: Expressed/Implied:
Silverman (1987) D gave excessive quotation to Expressed – deceiving them as
2 elderly sisters on their flat to the true cost of the repairs
and profit being made
Barnard (1873) D wore a gown and cap in a Implied – wore cap and gown
shop in Oxford. which only commoners wore.
D then said he was a fellow Expressed – said he was a
commoner to the shop keeper. fellow commoner.
Based on this, the shopkeeper
agreed to sell them goods on
credit.
Lambie (1981) Exceeded card limit. Asked to Expressed – obtained
return the card. Agreed to do pecuniary (money) advantage
this, but didn’t. A few days by deception
later, he purchased goods.
DPP v Ray (1973) D in restaurant with three Expressed – agreed to pay by
friends. Didn’t have enough eating the food, but didn’t.
money, but 1 friend agreed to Representing they were
pay. However, after eating, honest customers and would
they decided not to pay and pay for meal constituted false
waited for the waiter to leave representation
and ran away without paying
Idrees v DPP (2011) D presented himself to take a Implied – turning up at test
driving test in someone else’s centre and presenting
name someone else’s ID impliedly
claiming to be that person
Raj (2000) Applied for grant to build Expressed - although initial
downstairs bathroom for his representation was true,
elderly mother. Grant became false.
approved however 2 days after
mother died. Didn’t tell council
of changed circumstances.
