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  • D1- one of the problems of fraud is that there were too many specific fraud, defined with sources to different types of consequences which was not always easy to identify which offence to charge, which led to prosecutors to rely on the common law offence plot defraud. 
  • There was also the problem that a machine, such as a ticket machine at a railway station, does not have a "mind", cannot think and therefore cannot be deceived: Holmes v The Governor of Brixton Prison and another 
  • Another issue of fraud is that it is difficult with charging attempts; e.g. D attempts to get a bank cashier to hand over money from an account, cashier is suspicious and refuses, during the time, D does not specify how he would like the transaction. 
  • Had the deception worked and depending upon what D had intended to go on to say, the cashier could have either given cash, a cheque or transferred money between accounts. There was certainly an attempt, but of which offence?
  •  A further problem was from the focus on the mind of the victim rather then the offender. it wad difficult for prosecutors to imply a representation from silence. people in position of trust do not have to make a false representation to get what they want. they can misuse  it. 
  • An example is when a  manager of a pub who sold his own beer on his employer's premises; he was not guilty of theft and was not guilty of conspiracy to defraud, because he was acting alone. 
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