Chapter 10 Multiple choice questions

true

false

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

b. Only where D has a duty to disclose information and fails to do so

c. Only when D has a specific statutory duty to disclose

d. Only when D is asked to disclose the information by V

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

b. D's occupation is to safeguard V's financial interests

c. D occupies any position in which she is expected to safeguard the financial interests of another

d. D has a moral duty to protect V from harm

What mens rea is required for fraud by failure to disclose information? (Section 3 of the Fraud Act 2006)

a. Dishonesty only

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

c. Dishonesty, and intention by failure to disclose to make a gain or cause a loss

d. No mens rea

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

b. D must intend to abuse her position

c. D must foresee a risk that she will abuse her position

d. D must be at least negligent as to the abuse of her position

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

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

c. 'Abuse' is defined within section 4 of the Fraud Act 2006

d. 'Abuse' is undefined within the Fraud Act 2006, but has been interpreted to mean the same as 'dishonesty'

What is the leading case defining dishonesty for the purpose of the fraud offences?

a. Bryan (1857) Dears & B 265

b. The test for dishonesty is defined in the Fraud Act 2006

c. Ghosh [1982] EWCA Crim 2

d. Ivey [2017] UKSC 67

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

b. Nothing. Fraud is a conduct crime

c. D must cause V to part with her property by any means

d. D must cause V to lose her property or expose V to the risk of loss

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

b. No, but fraud will not be committed if V gives her property to D willingly

c. Yes, but there may be multiple factors

d. Yes, and it must be the main reason for V parting with her property

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

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

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

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

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

b. It must be misleading

c. It must be ridiculous

d. It must be untrue or misleading

What is the test for 'dishonesty' when applying the fraud offences?

a. Ivey [2017] UKSC 67

b. Section 2 of the Fraud Act 2006

c. Section 2 of the Theft Act 1968

d. A combination of statute and common law

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

b. D types into a computer buying website that the car she is selling is in good condition

c. D states in her private diary that the car she is selling is in good condition

d. D's agent passes on a message to V that the car D is selling is in good condition

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

b. None. Section 11 is a conduct crime

c. Services are obtained for another

d. Services are obtained for D

Are there offences which criminalise preparatory acts towards the future commission of fraud?

a. No

b. Yes, but only in the common law

c. Yes, sections 8 and 9 of the Fraud Act 2006

d. Yes, sections 6 and 7 of the Fraud Act 2006

Does conspiracy to defraud remain a valid common law offence?

a. Yes

b. Yes, but it will only apply where statutory offence do not

c. No, it has been abolished

d. No, it has been codified within the Fraud Act 2006

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

b. D uses her Iphone to record films at the cinema, planning to sell the films later

c. D buys a shredder to destroy evidence of her previous frauds

d. D buys a decoding machine in order to gain access to pay-per-view television without payment

What is the mens rea for making or supplying articles for use in frauds? (Section 7 of the Fraud Act 2006)

a. Dishonesty only

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

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

d. No mens rea

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

b. There is no need to demonstrate deception

c. There is no need to demonstrate violence

d. There is no need to demonstrate that D knew payment was required

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