Fraud Offences

1) Fraud by False representation (Fraud Act 2006 s.2)2) Obtaining Services Dishonestly (Fraud Act 2006 s.11)

3) Making off without Payment (Theft Act 1978 s.3)

Fraud by False representation (Fraud Act 2006 s.2)

Elements of this offence:• False representation• Dishonesty• Knows representation was/might be

untrue or misleading• Intends to make a gain for himself or

another, cause loss to another or expose to a risk of loss,

Examples of FFR

Fraud Act 2006 s.2Fraud by false representation• (1)A person is in breach of this section if he—• (a)dishonestly makes a false representation, and• (b)intends, by making the representation—• (i)to make a gain for himself or another, or• (ii)to cause loss to another or to expose another to a risk of loss.• (2)A representation is false if—• (a)it is untrue or misleading, and• (b)the person making it knows that it is, or might be, untrue or misleading.• (3)“Representation” means any representation as to fact or law, including a representation

as to the state of mind of—• (a)the person making the representation, or• (b)any other person.• (4)A representation may be express or implied.• (5)For the purposes of this section a representation may be regarded as made if it (or

anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

Fraud by False representation (Fraud Act 2006 s.2)

False Representation- No one has to believe/rely on FR.

- Representation can be to fact (This is a real Rolex)or law s.2(3)

- Problem arises where representation is of an opinion eg. This car is in ‘good ‘ condition (DPP V Ray)

- Representation to State of Mind EG. Asking to borrow £10 for different purpose to what you intend in your

mind. S2(3)- Representation can be express or implied (MPC V

Charles and Lambie)- May be made electronically EG. Phishing

- May be made to a machine s.2(5)

Intent to gain/cause lossNo need for anyone to have suffered or be exposed to any loss or that D makes

a gain.

Knowing Untrue/MisleadingActual knowledge representation is

untrue or misleading

Dishonestly (Ghosh)- Would D’s behaviour be regarded as

dishonest by the standards of reasonable and honest people?

- Was D aware that his conduct would be regarded as dishonest by reasonable and

dishonest people?

Obtaining Services Dishonestly (Fraud Act 2006 s.11)

Elements of this offence:• Obtains for himself/another• Services• Dishonestly• Knowing services are made available on

basis that payment has been, is being or will be made.

• Avoids or intends to avoid payment in full or part

ExamplesClimbing over wall to

watch a match

Downloading music/videos

Using someone elses season ticket

Leaving without paying for a meal

Obtaining Services Dishonestly(Fraud Act 2006 s.11)

Obtains for himself or another- There must be proof that the services have

been actually obtained- No deception is actually required

Dishonestly (Ghosh)- Would D’s behaviour be regarded as

dishonest by the standards of reasonable and honest people?

- Was D aware that his conduct would be regarded as dishonest by reasonable and

dishonest people?

ServicesMust be of a type that is usually charged for.

Eg. Football matches, Concerts, Festivals, data over the internet, restaurant meal.

Banking services (Sofroniou)

Knowing services made on basis that paymentD must get services either by not paying for it or

not paying in full

Avoids or intends to avoid payment in full or in part

Anyone who knows that payment on spot is expected or required and who then dishonestly

makes off without paying.Allen (1985)

Making off without Payment (Theft Act 1978 s.3)

Elements of this offence:• Goods supplied or services done• Makes off (Leaves)• Without paying as required/expected• Knowing payment on spot is required• Dishonesty• Intent to avoid payment

Making Off Without Payment(Theft Act 1978 s.3)

Goods supplied or services doneEg. Repairs, goods, meals, car parks.

Most be legally enforceable.

Dishonestly (Ghosh)- Would D’s behaviour be regarded as

dishonest by the standards of reasonable and honest people?

- Was D aware that his conduct would be regarded as dishonest by reasonable and

dishonest people?

Makes off from the spotDeparting: You should look at the manner of

departing 9Brooks & Brooks (1983)Spot: Place where payment is expected/required

(McDavitt)

Knows that payment on the spot is required or expected

R V Vincett

Intention to avoid payment permanentlyHonest belief that credit is being given will mean that the offence is not being committed. (Allen

1985)

Fails to pay on the spot as required or expectedR V Vincett: If there was an agreement to pay no

offence.