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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 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 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.

Book

Cover Criminal Law
This edition of Criminal Law: Text, Cases, and Materials offers an exceptional depth of analysis and a wealth of cases and materials all set within the theoretical context of criminal law. The two-part structure of each chapter in the book—the first part explaining the law as it is, the second examining the theoretical aspects—ensures that readers not only gain a secure understanding of the law itself but also acquire a fundamental appreciation of the surrounding philosophical and ethical debates. The book looks at actus reus and mens rea and at strict liability. The book also examines homicide; non-fatal non-sexual offences; sexual offences; theft, handling, and robbery; and fraud. It further analyses issues relating to burglary and blackmail, criminal damage, defences, and, finally, considers the criminal liability of corporations, inchoate offences, and complicity.

Book

Cover Smith, Hogan, and Ormerod's Criminal Law

David Ormerod CBE, QC (Hon) and Karl Laird

This book, in its 16th edition, has been completely updated to include all legislative and case law developments and detailed analysis of the many recent developments since the last edition. The material on dishonesty has been rewritten to take account of developments following the Supreme Court’s decision in Ivey v Genting Casinos. The book begins with an introduction of definitions of crime and an explanation of the sources of criminal law followed by detailed analysis of the elements of a crime (actus reus and mens rea) including negligence and strict liability. Secondary liability is examined with an emphasis on analysing the Supreme Court’s judgment in Jogee, before exploring corporate and vicarious liability. Mental condition defences and the Law Commission’s proposals to reform them are examined alongside issues relating to mistake and intoxication. A comprehensive review of general defences includes the Court of Appeal’s controversial approach to self-defence in householder cases. The final chapter of the general part provides a detailed review of inchoate offences. The second part of the book examines specific offences including murder, manslaughter, other homicide offences, non-fatal offences, sexual offences, theft and robbery, and considers the Fraud Act 2006, burglary, offences of damages to property, offences against public order and road traffic offences.

Book

Cover Criminal Law

Michael Allen and Ian Edwards

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 30 years. This is the sixteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide. Towards the end of the book chapters consider non-fatal offences, sexual offences, offences under the Theft Acts 1968 and 1978, fraud, and criminal damage.

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 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 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 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 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.

Chapter

Cover Criminal Law

9. Fraud  

This chapter begins with a discussion of the law on fraud, covering fraud by false representation; fraud by failing to disclose information; fraud by abuse of position; fraud and possession offences; obtaining services dishonestly; conspiracy to defraud; and making off without payment. The offence of fraud can be committed where the defendant dishonestly makes a false representation intending to make a gain for themselves or a loss to another. The defendant is only guilty if they know that the statement is, or might be, untrue or misleading. Fraud is also committed where the defendant dishonestly fails to disclose information which they are under a duty to disclose, intending to make a gain for themselves or cause a loss to another. A third way of committing fraud is where the defendant misuses a position of trust in a dishonest way to make a gain or cause a loss. The second part of the chapter focuses on the theory of fraud, covering the extent and nature of fraud, and the Fraud Act 2006.

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 Smith, Hogan, and Ormerod's Criminal Law

20. Offences of temporary deprivation  

David Ormerod and Karl Laird

Theft involves an intention to deprive another permanently of their property. The criminal law has also devised offences involving temporary deprivation of property including the taking of vehicles and the taking of vessels, both of which are currently dealt with in s 12 of the Theft Act 1968. The Theft Act 1968 also includes another offence of temporary deprivation: removal of articles from places open to the public. In this case, the article must be removed from the building or from its grounds before the actus reus and mens rea of the offence can be completed. In other words, removal from the building to the grounds or vice versa will suffice.

Book

Cover Criminal Law Directions
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. Criminal Law Directions is written with an emphasis on explaining the key topics of Criminal Law courses with clarity. The book starts by offering an introduction to criminal law. It also looks at the issues of actus reus and mens rea. It goes on to consider topics such as strict liability; murder and voluntary manslaughter; involuntary manslaughter; non-fatal offences against the person; and sexual offences. It moves on to look at theft and other offences against property, including robbery, burglary, blackmail, handling, and criminal damage. Fraud and drugs offences are then examined and general and specific defences are explored. Finally the book considers inchoate offences and accessorial liability.