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Criminal | Offences Against Property

Fraud By False Representation: Mens Rea

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False Representation: Mens Rea

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  • S2 Fraud Act 2006 (FA): dishonestly make false representation
  • Ghosh test part 1: objective / would reasonable & honest person regard D's conduct as dishonest?
  • Ghosh test part 2: subjective / D aware that his conduct would be regarded dishonest by a reasonable & honest person?

Knowing representation is false:

  • S2(2)(b) FA: D must know it is false or might be / & decide to make it may be implied / exceeding authority

Intent to gain or cause/risk loss

  • S2(1)(b) FA: intent key / consequence irrelevant
  • S5(2)(a) FA: loss of money or other property
  • S5(2)(b) FA: temporary or permanent
  • S5(3) FA: gain / includes keeping what has
  • S5(4) FA: loss / includes not getting what might get
bits of law
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