MODEL A NSWER FOR FRAUD BY FALSE R EPRESENTATION
Introduction:
D may be potentially liable for Fraud by False Representation under S.2 of the Fraud Act 2006. D is
guilty of fraud by false representation if he ‘dishonestly makes a false representation and intends to
by making the representation to make a gain for him or another and cause a loss to another or
expose another to the risk of loss. Fraud is a conduct crime and carries a maximum penalty of ten
years imprisonment if indictable.
Element 1: Representation:
The first actus reus element is representation. S.2 (3) states that representation can be facts, law
and state of mind. Under S.2 (5) representation could be to a machine which is “any system or
device designed to receive, convey or respond to communications” e.g. internet, cash machine,
telephone. Expressed representations are clearly given and can be written, spoken or posted on a
website such as using a false identity, false reference or excessive quotations (Silverman 1987).
Implied representation is one’s own actions and conduct, for example collecting money for charity
but pocketing the money. In the case of Barnard (1837), he posed as an Oxford university student by
wearing a cap and gown (implied) and said he was a student (expressed). In Lambie (1837), D
exceeded credit card limit. In DPP v Ray, the Ds ran out of the restaurant without paying for the meal
– later false representation is sufficient. Although the mentioned cases occurred before the Act, they
are still used as examples.
In this scenario…
Element 2: False:
The second actus reus element is false. False is defined as untrue or misleading. D must know what
he is doing might be untrue or misleading. It does not matter if anyone believes the lie; doesn’t
matter if D actually gains the advantage. In Idrees (2011), an unidentified imposter presented
himself to take a driving test in D’s name. it could be inferred that D was complicit in any false
representation made by that person as a way of gaining a pass certificate in his name.
In this scenario…
Element 3: Gain or Loss:
The first mens rea element is gain or loss, which can be permanent or temporary. D must intend to
make a gain or cause a loss. S.5 states that this could be money, other property (real or personal)
including things in action and other intangible things. A ‘gain’ is defined as ‘keeping what one has,
Introduction:
D may be potentially liable for Fraud by False Representation under S.2 of the Fraud Act 2006. D is
guilty of fraud by false representation if he ‘dishonestly makes a false representation and intends to
by making the representation to make a gain for him or another and cause a loss to another or
expose another to the risk of loss. Fraud is a conduct crime and carries a maximum penalty of ten
years imprisonment if indictable.
Element 1: Representation:
The first actus reus element is representation. S.2 (3) states that representation can be facts, law
and state of mind. Under S.2 (5) representation could be to a machine which is “any system or
device designed to receive, convey or respond to communications” e.g. internet, cash machine,
telephone. Expressed representations are clearly given and can be written, spoken or posted on a
website such as using a false identity, false reference or excessive quotations (Silverman 1987).
Implied representation is one’s own actions and conduct, for example collecting money for charity
but pocketing the money. In the case of Barnard (1837), he posed as an Oxford university student by
wearing a cap and gown (implied) and said he was a student (expressed). In Lambie (1837), D
exceeded credit card limit. In DPP v Ray, the Ds ran out of the restaurant without paying for the meal
– later false representation is sufficient. Although the mentioned cases occurred before the Act, they
are still used as examples.
In this scenario…
Element 2: False:
The second actus reus element is false. False is defined as untrue or misleading. D must know what
he is doing might be untrue or misleading. It does not matter if anyone believes the lie; doesn’t
matter if D actually gains the advantage. In Idrees (2011), an unidentified imposter presented
himself to take a driving test in D’s name. it could be inferred that D was complicit in any false
representation made by that person as a way of gaining a pass certificate in his name.
In this scenario…
Element 3: Gain or Loss:
The first mens rea element is gain or loss, which can be permanent or temporary. D must intend to
make a gain or cause a loss. S.5 states that this could be money, other property (real or personal)
including things in action and other intangible things. A ‘gain’ is defined as ‘keeping what one has,
