- 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