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Return to Smith, Hogan, and Ormerod's Essentials of Criminal Law 3e Resources
Chapter 10 Multiple choice questions
Fraud
Select a Topic
Select a Topic
Fraud by failure to disclose information and by abuse of position
Fraud by false representation
Fraud preparation offences and related deception offences
Number of questions to try
Start Quiz
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true
correct
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false
correct
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When does fraud by failure to disclose information apply? (Section 3 of the Fraud Act 2006)
a. Whenever D fails to disclose something with the result that V's property is put at risk
correct
incorrect
b. Only where D has a duty to disclose information and fails to do so
correct
incorrect
c. Only when D has a specific statutory duty to disclose
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incorrect
d. Only when D is asked to disclose the information by V
correct
incorrect
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What does it mean to hold a 'position of trust' for the purposes of fraud by abuse of position? (Section 4 of the Fraud Act 2006)
a. D is trusted by V
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b. D's occupation is to safeguard V's financial interests
correct
incorrect
c. D occupies any position in which she is expected to safeguard the financial interests of another
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d. D has a moral duty to protect V from harm
correct
incorrect
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What mens rea is required for fraud by failure to disclose information? (Section 3 of the Fraud Act 2006)
a. Dishonesty only
correct
incorrect
b. Dishonesty, knowledge or awareness that disclosure is required by law, and intention by failure to disclose to make a gain or cause a loss
correct
incorrect
c. Dishonesty, and intention by failure to disclose to make a gain or cause a loss
correct
incorrect
d. No mens rea
correct
incorrect
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What mens rea is required as to the 'abuse' element within the offence of fraud by abuse of position? (Section 4 of the Fraud Act 2006)
a. None
correct
incorrect
b. D must intend to abuse her position
correct
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c. D must foresee a risk that she will abuse her position
correct
incorrect
d. D must be at least negligent as to the abuse of her position
correct
incorrect
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How is the term 'abuse' defined within the offence of fraud by abuse of position? (Section 4 of the Fraud Act 2006)
a. 'Abuse' is undefined within the Fraud Act 2006, but has been given a strict interpretation at common law
correct
incorrect
b. 'Abuse' is undefined within the Fraud Act 2006, and has been left for the jury to apply at common law as a word of general understanding
correct
incorrect
c. 'Abuse' is defined within section 4 of the Fraud Act 2006
correct
incorrect
d. 'Abuse' is undefined within the Fraud Act 2006, but has been interpreted to mean the same as 'dishonesty'
correct
incorrect
*
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What is the leading case defining dishonesty for the purpose of the fraud offences?
a. Bryan (1857) Dears & B 265
correct
incorrect
b. The test for dishonesty is defined in the Fraud Act 2006
correct
incorrect
c. Ghosh [1982] EWCA Crim 2
correct
incorrect
d. Ivey [2017] UKSC 67
correct
incorrect
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To commit an offence of fraud, what must D cause? (Section 1 of the Fraud Act 2006)
a. D must cause V to part with her property by deception
correct
incorrect
b. Nothing. Fraud is a conduct crime
correct
incorrect
c. D must cause V to part with her property by any means
correct
incorrect
d. D must cause V to lose her property or expose V to the risk of loss
correct
incorrect
*
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Does fraud require D to have deceived V? (Section 1 of the Fraud Act 2006)
a. No. Deception is not an element of the current law
correct
incorrect
b. No, but fraud will not be committed if V gives her property to D willingly
correct
incorrect
c. Yes, but there may be multiple factors
correct
incorrect
d. Yes, and it must be the main reason for V parting with her property
correct
incorrect
*
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What mens rea is required under section 2 of the Fraud Act 2006 (fraud by false representation)?
a. Recklessness that D's conduct is dishonest; recklessness as to the falsity of the representation; intention to cause a gain or cause a loss or a risk of loss
correct
incorrect
b. Knowledge that D's conduct is dishonest; knowledge as to the falsity of the representation; intention to cause a gain or cause a loss or a risk of loss
correct
incorrect
c. Knowledge that D's conduct is dishonest; recklessness as to the falsity of the representation; intention to cause a gain or cause a loss or a risk of loss
correct
incorrect
d. Knowledge that D's conduct is dishonest; recklessness as to the falsity of the representation; recklessness as to causing a gain or causing a loss or a risk of loss
correct
incorrect
*
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What does it mean for a statement to be 'false' for the purposes of the section 2 offence (fraud by false representation)?
a. It must be untrue
correct
incorrect
b. It must be misleading
correct
incorrect
c. It must be ridiculous
correct
incorrect
d. It must be untrue or misleading
correct
incorrect
*
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What is the test for 'dishonesty' when applying the fraud offences?
a. Ivey [2017] UKSC 67
correct
incorrect
b. Section 2 of the Fraud Act 2006
correct
incorrect
c. Section 2 of the Theft Act 1968
correct
incorrect
d. A combination of statute and common law
correct
incorrect
*
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Which of the following is NOT a 'representation' within section 2 of the Fraud Act 2006?
a. D states her opinion that the car she is selling is in good condition
correct
incorrect
b. D types into a computer buying website that the car she is selling is in good condition
correct
incorrect
c. D states in her private diary that the car she is selling is in good condition
correct
incorrect
d. D's agent passes on a message to V that the car D is selling is in good condition
correct
incorrect
*
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What results (if any) must D cause in order to commit an offence of obtaining services dishonestly? (Section 11 of the Fraud Act 2006)
a. Services are obtained for D or another
correct
incorrect
b. None. Section 11 is a conduct crime
correct
incorrect
c. Services are obtained for another
correct
incorrect
d. Services are obtained for D
correct
incorrect
*
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Are there offences which criminalise preparatory acts towards the future commission of fraud?
a. No
correct
incorrect
b. Yes, but only in the common law
correct
incorrect
c. Yes, sections 8 and 9 of the Fraud Act 2006
correct
incorrect
d. Yes, sections 6 and 7 of the Fraud Act 2006
correct
incorrect
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Does conspiracy to defraud remain a valid common law offence?
a. Yes
correct
incorrect
b. Yes, but it will only apply where statutory offence do not
correct
incorrect
c. No, it has been abolished
correct
incorrect
d. No, it has been codified within the Fraud Act 2006
correct
incorrect
*
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Which of the following would NOT constitute an offence of possession of articles for fraud? (Section 6 of the Fraud Act 2006)
a. D obtains fake bank notes with the intention of using them to buy goods
correct
incorrect
b. D uses her Iphone to record films at the cinema, planning to sell the films later
correct
incorrect
c. D buys a shredder to destroy evidence of her previous frauds
correct
incorrect
d. D buys a decoding machine in order to gain access to pay-per-view television without payment
correct
incorrect
*
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What is the mens rea for making or supplying articles for use in frauds? (Section 7 of the Fraud Act 2006)
a. Dishonesty only
correct
incorrect
b. Knowing the article is designed or adapted for use in connection with fraud, or intending the article to be used to commit or assist the commission of fraud
correct
incorrect
c. Dishonesty, and knowing the article is designed or adapted for use in connection with fraud, or intending the article to be used to commit or assist the commission of fraud
correct
incorrect
d. No mens rea
correct
incorrect
*
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Which of the following statements is NOT true about the offence of making off without payment? (Section 3 of the Theft Act 1978)
a. There is no need to demonstrate that D successfully avoided payment
correct
incorrect
b. There is no need to demonstrate deception
correct
incorrect
c. There is no need to demonstrate violence
correct
incorrect
d. There is no need to demonstrate that D knew payment was required
correct
incorrect
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