Notesale: Turn your study into money

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Fraud Revision Sheet
Fraud by false representation is defined under s2 Fraud Act 2006
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There are therefore four elements to consider:
Actus reus
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Makes a false representation

Mens rea
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Dishonestly
With knowledge that the representation was or might be untrue or misleading
With the intent to make a gain for himself or another, or cause loss to another/ expose
them to a risk of loss

Makes a false representation
S2(2) Making an untrue or misleading representation
DPP v Ray 1974 – a representation can be a continuing representation and therefore any change of
the situation must be notified if the previously true representation becomes false; in this case the
representation was to pay for meals at a restaurant
Rai 2000 – D s represe tatio was true up u til the poi t whe his
notify the council
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S2(4) A representation can be express or implied:

other died, a d he failed to

Fraud Revision Sheet
MPC v Charles 1976 – Giving a cheque makes the implied representation that he has the authority to
use the cheque; in this case, the cheque given to a casino bounced and this was seen as a false/
misleading representation that sufficient funds were available
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Dishonestly
The Ghosh test applies when considering dishonesty as it did in theft
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With knowledge that the representation was or might be untrue or misleading s2(2)(b)
The words ight e do ot ea re klessly
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ight e

With the intent to make a gain for himself or another, or cause loss to another/ expose them to a
risk factor of loss
There simply needs to be an intent from D to gain for himself or another, cause loss to another or
expose another to a risk factor of loss
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Gains are defined under s5 Fraud Act 2006 as only including money or other property, but the gain
or loss can be temporary or permanent

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