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Criminal | Offences Against Property

Fraud By False Representation: Actus Reus

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False Representation: Actus Reus

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Fraud Act 2006 (FA)

  • S2 FA / conduct crime


  • S2(2) FA: untrue or misleading


  • S2(3) FA: factual statement / state of mind may be sufficient / as to law or fact
  • S2(4) FA: express or implied
  • S2(5) FA: not necessarily to a person
  • implied authority: cheque guarantee card (MPC v Charles) / credit card (Lambie)
  • continuing: true but later false / not informing of change may be sufficient
  • restaurant ordered food / realised could not afford / did not tell wiater (Ray)
  • social services agreed to refurbish D's disabled mother's house / she died before work carried out / D not inform (Rai)
bits of law
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