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Title: Fraud by False Representation Revision Sheet
Description: A very detailed and comprehensive coverage of the crime of fraud by false representation. Everything that you need to know for any A level exam involving fraud and perfectly apt for first year Law students at degree level. Easy to read, follow and use.

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Fraud Revision Sheet
Fraud by false representation is defined under s2 Fraud Act 2006
...


There are therefore four elements to consider:
Actus reus
-

Makes a false representation

Mens rea
-

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
...

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
...


Dishonestly
The Ghosh test applies when considering dishonesty as it did in theft
...


With knowledge that the representation was or might be untrue or misleading s2(2)(b)
The words ight e do ot ea re klessly
...


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
...

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
Title: Fraud by False Representation Revision Sheet
Description: A very detailed and comprehensive coverage of the crime of fraud by false representation. Everything that you need to know for any A level exam involving fraud and perfectly apt for first year Law students at degree level. Easy to read, follow and use.