storyaord 3

storyaord 3

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  • Make a false representation (actus reus)-fraud is a conduct crime- therefore, no one has to believe the false representation that has been made, it is complete  as soon as the defendant makes the representation, with dishonesty.
  • Dishonesty- mens rea Ghost test- would the defendants' behaviour be regarded as dishonest , if no, not guilty , if yes- was the defendant aware that his conduct would be regarded as dishonest  by reasonable and honest people?
  • ohh!!!
  • in the case of Bella, Shamina and Josiah, Shamina has committed Fruad s2, as she exchanged the price labels made a false representation knowing that it was misleading with the intention of gaining for herself. 
  • later on, when Shamina decides to buy herself a magazine with the £20, under s 11, she was dishonest, obtaining the services for herself.
  • Josiah who took Louise's credit card from her purse to do online shopping, this comes under s2 as he knew what he did was misleading, causing loss to Louise and gaining  for himself. as well as (s11), as he was obtaining this dishonestly for his own benefit. 
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