fraud - law

fraud - law

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  • The Fraud Act 2006
  • Fraud by false representation S2 Fraud Act 2006
  • Firstly, an individual has violated the law within this section if they have dishonestly made a false representation and by doing so the individual intends to create this false representation in order to make a gain for themselves or to cause a loss to another person.
  • Obtaining services dishonestly s11Fraud Act 2006
  • There are 5 main elements that make up the definition of obtaining services by deception. 1)Obtaining for himself or another 2) Services 3) Dishonestly 4)Knowing the services are made available 5)Avoids/intends to avoid payment in full or in part
  • An individual is found guilty if they acquire a service for themselves or another individual. Whilst doing so they are dishonest and in breach of subsection.
  • This act came about in order to overcome issues with the old law and in order to simplify the law. There are three main elements which come under theft. Throughout this presentation I'll be braking down these elements further.
  • Making off without payment (s3 Theft Act 1978)
  • introduced in response to a gap in the law under the Theft Act of 1968 whereby if a person forms a dishonest intent not to pay for goods or services after receiving them they could not be convicted under the deception offences 
  • A representation is false if the liable individual(s) isuntrue or misleading in any way and they’re aware that what they’ve said ordone is, or may be untrue. Legally, “representation” means the creating of animage in relation to acts an individual can physically carry out includingspeech. This also includes the state of mind of the individual making therepresentation and or any other person. A representation can be conveyed or implied.
  • In relation to the scenario, Josiah could be guilty of Fraud. Due to the fact that he dishonestly used Louise's credit card, whilst he knocked her aggressively. Whilst doing so he also used Bella's computer without consent. Whilst using the card it's clear he had no intention to pay for the items he was purchasing and he knew that the services were made available due to Louise being out cold and Bella being out of the area.
  • This links to the following study Edwards V Ddin (1976), which is about the defendant using the services of  gas station but driving off whilst the assistant was busy, without paying for the fuel. The maximum sentence for making off if the individual is tried on indictment is 2 years and it is 6 months if tried summarily.    
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