正在編輯用戶:Hinnia/Fraud （章節）

=== “Expected to safeguard / not act against” – whose expectation? ===
The term “expected” is undefined in the statute.

Academic views (as summarised in handout):

* '''Arlidge and Parry''':
** “Expected” might mean:
*** V '''thinks''' D is bound to safeguard/not act against V’s financial interests; or
*** Most people would think D is so bound.
* '''Ashworth''':
** Too variable if based purely on V’s subjective expectations.
** It would not make sense to base it on D’s own expectation.
** Courts may develop a standard of '''“reasonable expectation”'''.

This is clarified in:

* '''Valujevs'''  EWCA Crim 2888
** Fulford LJ:
**# It is for the '''judge''' to decide whether D is '''potentially''' in such a position (where safeguarding is expected). If so, the '''jury''' then decides whether, on the facts, D '''actually did''' occupy such a position.
**# The test of “expected to safeguard / not act against” is based on a '''reasonable person''' standard.

So:

* Whether D occupies a s 4 position is an '''objective, normative''' question: would a reasonable person regard D as expected to safeguard the other’s '''financial interests'''?