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Chapter

Cover Ashworth's Principles of Criminal Law

11. Financial Crime  

This chapter examines one major example of financial crime: fraud. The importance of financial crime, and of vigorous prosecution policies in relation to it, should not be underestimated. Fraud accounts for no less than one-third of all crimes captured by the Crime Survey for England and Wales. There were 4.3 million fraud offences recorded in the year ending in June 2020. An understanding of fraud, and in particular the way that it reflects corporate activity, is essential to the study of criminal law. The law is now mainly governed by the Fraud Act 2006. The 2006 Act sought to eliminate (a) the law’s reliance on sometimes technical distinctions between different kinds of outcome produced by fraud, and (b) the law’s reliance on ‘deception’ as an element of the wrong. A key is question is whether, in doing this, the 2006 Act made the law too broad in scope.

Chapter

Cover Essential Cases: Criminal Law

R (Monica) v DPP [2018] EWHC 3508 (QB), Queen’s Bench Division  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (Monica) v DPP. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R (Monica) v DPP [2018] EWHC 3508 (QB), Queen’s Bench Division  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (Monica) v DPP. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Cheshire, Fifoot, and Furmston's Law of Contract

7. Unenforceable Contracts  

M P Furmston

This chapter and the next five chapters deal with cases where what looks like a contract turns out to be in someway defective. The ‘unenforceable contract’ resulted from procedural rather than substantive law. The origin of this position can be found in the passage, as long ago as 1677, of the Statute of Frauds. This chapter, which examines the history of this statute and its surviving effects in the modern law, discusses the Law of Property (Miscellaneous Provisions) Act 1989; other rules about form; and the law on writing, signature, and electronic commerce.

Chapter

Cover Criminal Law

13. Fraud  

Michael J. Allen and Ian Edwards

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter examines the offence of fraud, covering offences under the Theft Acts and offences under the Fraud Act (FA) 2006. The FA 2006 repealed various sections of the TA 1968 and TA 1978, replacing a number of individual offences based on deception with the offence of fraud, which may be committed in three ways: fraud by false representation; fraud by failing to disclose information; and fraud by abuse of position. It also creates the offence of dishonestly obtaining services to replace the offence of obtaining services by deception under s. 1 of the TA 1978. These offences are designed to overcome problems in the old law and to simplify the law.

Chapter

Cover Intellectual Property Law

33. Misrepresentation  

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter considers one element of the action of passing off with respect to trade marks: the requirement that there be a misrepresentation. It first describes the type of conduct that amounts to misrepresentation and the consequences that flow from that conduct, as well as the types of suggestion that are actionable. It then discusses the requirement that a statement must be likely to cause confusion in order to qualify as a misrepresentation. In addition, the chapter explains how passing off action can be brought not only against a person who carries out the misrepresentation, but also against anyone who provides the means for the misrepresentation to occur (such as by providing instruments of deception).

Chapter

Cover Essential Cases: Criminal Law

R v Melin [2019] EWCA Crim 557, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Melin [2019] EWCA Crim 557, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Melin [2019] EWCA Crim 557, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Melin [2019] EWCA Crim 557, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Smith, Hogan and Ormerod's Essentials of Criminal Law

10. Fraud  

David Ormerod and John Child

This chapter deals with fraud, an offence under section 1 of the Fraud Act 2006 (FA 2006). It first discusses the central fraud offence, which can be committed by false representation, failure to disclose information, and/or abuse of position. The chapter then moves to consider related offences of obtaining services dishonestly and possession of articles for use in frauds, along with other fraud and deception offences. Finally, the chapter outlines potential options for legal reform concerning the drafting of FA 2006, fraud and the irrelevance of results, and distinguishing theft and fraud; as well as the potential application of fraud offences within a problem question. Relevant cases are highlighted throughout, with brief summaries of the main facts and judgments.

Chapter

Cover Smith, Hogan, and Ormerod's Essentials of Criminal Law

10. Fraud  

This chapter deals with fraud, an offence under section 1 of the Fraud Act 2006 (FA 2006). It first discusses the central fraud offence, which can be committed by false representation, failure to disclose information, and/or abuse of position. The chapter then moves to consider related offences of obtaining services dishonestly and possession of articles for use in frauds, along with other fraud and deception offences. Finally, the chapter outlines potential options for legal reform concerning the drafting of FA 2006, fraud and the irrelevance of results, and distinguishing theft and fraud; as well as the potential application of fraud offences within a problem question. Relevant cases are highlighted throughout, with brief summaries of the main facts and judgments.

Chapter

Cover Information Technology Law

21. Crime and law enforcement in the information society  

This chapter examines cybercrimes, cyberattacks such as denial-of-service attacks, and law enforcement in the information society. It looks at advance fee fraud, internationally known as ‘419 Fraud’ with reference to Nigeria; as well as the ‘Russian Scam’ that targets the users of online dating sites. It also examines other criminal activities common on the internet, such as privacy attacks, including phishing which illegally appropriates personal data; harassment; cyberstalking; and grooming, and also considers identity theft and identity fraud, as well as cyberterrorism. The chapter presents case studies dealing with cybercrimes, and, finally, it discusses the efforts of the Council of Europe Convention on Cybercrime to harmonize international cybercrime laws.

Chapter

Cover Criminal Law Directions

11. Fraud  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the offence of fraud under the Fraud Act 2006. There are three ways in which fraud may be committed. Section 2 of the Fraud Act 2006 provides for fraud by false representation; s.3 provides for fraud by failing to disclose information; and s.4 provides for fraud by abuse of a position of financial trust. Dishonesty is common to all three of these ways of committing fraud. The defendant must intend, by making the representation, to make a gain for himself or another, or to cause loss to another, or to expose another to a risk of loss.

Chapter

Cover Concentrate Q&A Criminal Law

6. Property Offences  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary and advice on study skills. This chapter presents sample exam questions on theft, fraud, and other property offences such as robbery and burglary, along with suggested answers. The law of property is vast, and contained in a number of different pieces of legislation. As this chapter explains, the Fraud Act 2006 was designed to replace many of the discrepancies and inconsistencies in the diverse provisions of the Theft Acts of 1968 and 1978. It pays to be methodical in approaching property problems. Dishonesty is an important concept throughout the property offences. The recent decision in Ivey v Genting Casinos, which has an important effect on the definition of dishonesty in criminal law, is dealt with in detail in this chapter.

Chapter

Cover Essential Cases: Equity & Trusts

Federal Republic of Brazil v Durant International Corporation [2015] UKPC 35, Privy Council  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Federal Republic of Brazil v Durant International Corporation [2015] UKPC 35, Privy Council. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Essential Cases: Equity & Trusts

Federal Republic of Brazil v Durant International Corporation [2015] UKPC 35, Privy Council  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Federal Republic of Brazil v Durant International Corporation [2015] UKPC 35, Privy Council. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

22. The Fraud Act 2006  

David Ormerod and Karl Laird

This chapter considers the offences under the Fraud Act 2006 and the important body of case law that now exists interpreting the 2006 Act. It discusses the common elements of the offence of fraud; namely, dishonesty (including the impact of Ivey), with intent to gain or cause loss or to expose to a risk of loss, and remoteness of intention. The fraud offences are each examined in turn: fraud by false representation, fraud by failing to disclose information, fraud by abuse of position, possession of articles for fraud and making or supplying articles for use in frauds. The chapter provides extensive discussion of the desirability of having a general fraud offence and examines the difficulties encountered in relying so much upon the concept of dishonesty.

Chapter

Cover Complete Criminal Law

11. Property offences 2: fraud and other property offences  

This chapter examines property offences focusing on fraud, making off without payment, blackmail, and criminal damage. It explains the key provisions of the Fraud Act 2006 for different types of fraud, including fraud by false representation, fraud by failing to disclose information, fraud by abuse of position, and obtaining services dishonestly. It clarifies the difference between fraud and the previous offences of deception. The chapter then discusses burglary, aggravated burglary, criminal damage, and blackmail and identifies the types of legal defence that can be successfully employed for these offences. It also considers racially and religiously aggravated criminal damage, criminal damage endangering life, and arson.

Chapter

Cover Information Technology Law

21. Crime and law enforcement in the information society  

This chapter examines cybercrimes, cyber-attacks such as denial of service attacks, and law enforcement in the information society. It looks at advance-fee fraud, internationally known as ‘419 Fraud’ with reference to Nigeria; as well as the ‘Russian Scam’ that targets the users of online dating sites. It also examines other criminal activities common on the internet, such as privacy attacks including phishing which illegally appropriates personal data, harassment, cyber-stalking, and grooming, and also considers identity theft and identity fraud, as well as cyberterrorism. The chapter presents case studies dealing with cybercrimes, and, finally, it discusses the efforts of the Council of Europe Convention on Cybercrime to harmonize international cybercrime laws.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

23. Other offences involving fraud  

David Ormerod and Karl Laird

This chapter focuses on other offences involving fraud, including false accounting, false statements by company directors, suppression of documents and cheating the public revenue—offences that are addressed in s 17 of the Theft Act 1968. Section 17(1)(a) criminalizes falsification of accounts, etc, whereas s 17(1)(b) criminalizes using a falsified account, etc. Section 17(2) provides an extended, albeit non-exhaustive, definition of falsity. The concept of a claim of right includes a claim to the payment of a debt. If a person genuinely believes in the claim of right to the money to which he acts with a view to gain, there is no reason why he should use false means (evidencing his dishonesty) to acquire that money. This chapter also discusses elements of the fraud-related offences including ‘gain’ and ‘loss’ as defined in s 34(2)(a) of the Theft Act 1968.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

29. Forgery (additional chapter)  

David Ormerod and Karl Laird

Forgery and counterfeiting are regulated by the Forgery and Counterfeiting Act 1981. Forgery overlaps with many other offences and tends to be committed in preparation for some other crime, usually one involving fraud. Although there are many available dishonesty offences, forgery is considered a separate offence because of its serious nature and because it warrants a particular label within the criminal code. It involves making, copying or using a false instrument as well as using a copy of a false instrument, having custody or control of specified kinds of false instrument and making or having custody or control of any means (eg paper, machines) for making false instruments.