False Representation: Mens Rea

[Flash Card 1 of 1]

Dishonestly:

• S2 Fraud Act 2006 (FA): dishonestly make false representation
• Ghosh test part 1: objective / would reasonable & honest person regard D's conduct as dishonest?
• Ghosh test part 2: subjective / D aware that his conduct would be regarded dishonest by a reasonable & honest person?

Knowing representation is false:

• S2(2)(b) FA: D must know it is false or might be / & decide to make it may be implied / exceeding authority

Intent to gain or cause/risk loss

• S2(1)(b) FA: intent key / consequence irrelevant
• S5(2)(a) FA: loss of money or other property
• S5(2)(b) FA: temporary or permanent
• S5(3) FA: gain / includes keeping what has
• S5(4) FA: loss / includes not getting what might get

bits of law