The intent of 'false representation' is results based
The intent of 'false representation' is conduct based
Intent does not feature in the offence of 'false representation'
The offence of 'false representation' isn't satisfied if the gain is for a third party.
False representation can not be made to a machine
Under no circumstances can false representation be made to a machine
False representation can only be made to a machine if it is being operated by a human, such as a pin machine in a supermarket.
False representation can be made to a machine
John is selling a yellow metal watches to attract customers he shouts " Bargain watches for sale may be gold"
John sells cheap watches, to attract customers he removes 'Made in China' stickers & makes a sign saying "Made in Switzerland".
John is selling cheap watches, to attract customers he makes a sign saying " Top quality watches for sale "
John takes in 2nd hand watches in part exchange for new ones, he has a sign outside saying " All watches sold are brand new"
In order to complete a fraud offence there has to be an intention to permanently deprive the other of it.
There is no need to prove an intention to permanently deprive another under the Fraud Act 2006
False representation cannot be made by means of omission.
It is not necessary for the person making a false representation to know the representation was dishonest.
A guy takes his car to a tyre expert to fix a puncture. The technician tells him that the tyre is nearly illegal and needs changing - it actually had 1.7mm of tread across it.
A guy takes his car to a tyre expert to get a puncture fixed, the technician finds that the tyre has a cut in the sidewall and tells the owner it needs replacing, it has a full 5mm of tread right across the tyre.
A guy takes is car to a tyre expert to have a puncture fixed the technician says " the legal limit is 2.0mm it only has 1.8mm you can't drive it away or you'll be breaking the law, I'll have to change it for you right now"
A guy takes his car to a tyre expert to get a puncture fixed the technician looks at it and says " Personally I don't think its worth repairing maybe you should think about getting a new one"
Peter commits fraud when he decides to use the credit card
Peter commits fraud when he enters the credit card number on the computer
Peter commits fraud when the seller dispatches the goods
Peter commits fraud when he receives the goods
Peter cannot be convicted of fraud as no people are involved in the transaction
Failing to disclose a speeding conviction you received last year when renewing your insurance policy the proposal form states you must disclose all your motoring convictions over the past 5 years.
Refusing to answer questions in a police interview after being arrested for a fraud offence.
Failing to disclose the fact that you have a dog living with you when you rent a home after you see the terms state no pets.