Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
20 Cards in this Set
- Front
- Back
whats the 3 diff ways u can commit fraud |
false representation failing to disclose information abuse of positionwh |
|
what do all 3 forms of committing fraud require |
dishonesty and intention to make a gain or to cause a loss or the risk of loss to another |
|
what kind of crime is fraud |
a conduct crime |
|
what does it mean that fraud is a conduct crime |
dont have to prove a specific outcome |
|
when is a representation false |
if it is untrue or misleading and the person making it knows that it is or might be |
|
what is representation |
any representation as to the fact or law including the state of mind of the person making the representation any other person |
|
what can the representation be like |
express or implied through IT or humans |
|
whats the AR for false rep |
actually false/misleading and D must know so |
|
whats an example of express false rep |
thief dressed as policeman |
|
whats an example of implied false rep |
presenting a stolen credit card |
|
is it a false rep if D believes what they’re representating |
no |
|
which case said it was false representation if D arranged another person to take a driving test for them |
Idrees v DPP |
|
which case said sitting and ordering a meal without the intention to pay was false representation |
DPP v Ray |
|
can half truths count as false representation |
might do |
|
whats the MR for false representation |
D knew the rep was or might be false D was dishonest D intended to make a gain or cause a loss |
|
what case shows attempted fraud where D believes her statement is false when its actually true |
R v Deller |
|
the test for dishonesty in false representation is the same as... |
theft |
|
what two things does ‘gain’ and ‘loss’ relate to |
money or other property |
|
how long must the gain or loss be for false representation |
temporary or permanent |
|
can ‘gain’ for false representation extend to maintaining what you already have? |
yes |