正在編輯用戶:Hinnia/Fraud （章節）

== Exam Strategy ==
When answering problem questions on fraud and related offences:

# '''Identify the correct charge(s)''':
#* Fraud Act s 2, s 3, or s 4 (or several).
#* Alternatively or additionally:
#** Theft Act 1978 '''s 3''' (making off)
#** Fraud Act 2006 '''s 11''' (obtaining services dishonestly).
# '''Apply the common fraud structure''':
#* '''Dishonesty''' (Ivey) – handle separately.
#* '''Intention to gain/cause loss or risk''' – be precise about:
#** The '''type''' of gain/loss (money or property);
#** Whether it is '''temporary or permanent''';
#** Whether D intends to gain by '''getting''' or by '''keeping''', and loss by '''parting''' or '''not getting'''.
# '''For s 2''':
#* Show there is a '''representation''' (express or implied, possibly to a system).
#* Prove it is '''false''' (untrue or misleading) and that D '''knows it is or might be'''.
#* Show D '''intends, by making it''', to gain/cause loss.
# '''For s 3''':
#* Identify a '''legal duty''' to disclose (statute, contract, fiduciary, etc.).
#* Show '''non‑disclosure'''.
#* Prove D '''intended, by failing to disclose''', to gain/cause loss.
# '''For s 4''':
#* Establish D occupies a position where a reasonable person would '''expect''' them to safeguard (or not act against) another’s '''financial interests''' (Valujevs).
#* Show '''abuse''' of that position (act or omission).
#* Link the abuse to the intended gain/loss.
# '''For making off (TA 1978 s 3)''':
#* Confirm '''payment on the spot''' is required/expected and that the '''contract was complete''' (Troughton).
#* Show D '''made off''' without paying as required/expected.
#* Prove '''knowledge''' of that obligation, '''dishonesty''', and '''intention to avoid payment permanently''' (Allen).
#* Check for any '''agreement to defer payment''', even if dishonestly obtained (Vincent).
# '''For s 11 obtaining services''':
#* Confirm services are provided on a '''payment basis'''.
#* Show D '''obtained''' them without payment (or in full), '''knowing''' of, or at least suspecting, that payment was or might be required.
#* Prove D '''intends that payment will not be made / not in full'''.