Fraudulent Property Offences

The Fraud offence of the Fraud Act 2006

 

  •     Section 1(1) Fraud

A person is guilty of fraud if he is in breach of any of the sections listed in subsection (2) (which provide for different ways of committing the offences.

  • (2) The sections are:

(a) section 2 (fraud by false representation),

(b) section 3 (fraud by failing to disclose information), and

(c) section 4 (fraud by abuse of position).

 

Actus Reus

 

  •     There must be a false representation.

 

  •     The representation must be 1) false or misleading and 2) the defendant must know that it is so.

 

What does ‘false’ mean?

 

  •      False means ‘untrue’ or ‘misleading’.

 

 

Mens Rea (s.2)

 

  1. The defendant knew the representation was, or might be, false
  2. The defendant was dishonest
  3. The defendant intended to make a gain or cause a loss.

 

Dishonesty

 

  •     Ivey v Genting provides the definition of ‘dishonesty’:

 

  • Two questions of fact: 

(1) What was the actual state of D’s knowledge or belief as to the facts?

 

(2) In the context of Q1, was D’s conduct dishonest by the standards of ordinary decent people?

 

Relevant case law:

 

Idrees v DPP [2011] EWHC 624

 

R v Barnard [1837] 7 C & P 784

 

DPP v Ray [1974] AC 370

 

R v Gilbert [2012] EWCA Crim 2392