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Return to Smith, Hogan, & Ormerod's Essentials of Criminal Law 4e, Student Resources
Chapter 10 Self-test questions
Fraud
Select a Topic
Select a Topic
FA 2006, s11: obtaining services dishonestly
FA 2006, s2: fraud by false representation
FA 2006, s3: fraud by failure to disclose information
FA 2006, s4: fraud by abuse of position
Fraud preparation offences
Related fraud and deception offences
Number of questions to try
Start Quiz
*
not completed
What is the
actus reus
of fraud by false representation?
Making a representation which was dishonest.
correct
incorrect
Making a representation which was ambiguous.
correct
incorrect
Making a representation which was false.
correct
incorrect
Making a representation which was an exaggeration.
correct
incorrect
*
not completed
What is the
mens rea
of fraud by false representation?
Knowledge that the statement is false and dishonesty.
correct
incorrect
Knowledge that the statement is false, dishonesty as to the use of information, and intention to permanently deprive another of their property.
correct
incorrect
Knowledge that the statement is false and intention.
correct
incorrect
Knowledge that the statement is, or might be, false, dishonesty, and intention to make a gain or cause a loss, or a risk of loss.
correct
incorrect
*
not completed
Writing false statements on one's CV could fulfil the offence of fraud by false representation. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
How do we define a "false representation" (in the context of fraud by false representation)?
A representation which is ambiguous or unclear.
correct
incorrect
A representation which is manifestly false.
correct
incorrect
A representation which is untrue or misleading.
correct
incorrect
A representation which is dishonest.
correct
incorrect
*
not completed
Which factors are considered when deciding whether a "representation" has been made, in the context of fraud by false representation?
The nature of the representation, the statement made, and the type of facts in issue.
correct
incorrect
The subject of the representation, the recipient, and the method.
correct
incorrect
The nature of the representation, the words said, and dishonesty.
correct
incorrect
The subject of the representation, the reliance placed upon it, and the deleterious effects of any such reliance.
correct
incorrect
*
not completed
What is the
actus reus
of fraud by failure to disclose information?
Failing to disclose information to which the party has a right.
correct
incorrect
Failing to disclose information if there is a legal duty to do so.
correct
incorrect
Failing to disclose information to make a gain or cause a loss.
correct
incorrect
Failing to disclose information to gain a material advantage.
correct
incorrect
*
not completed
What is the
mens rea
of fraud by failure to disclose information?
Dishonesty and intention to cause a loss.
correct
incorrect
Dishonesty and intention, by the failure to disclose, to obtain a pecuniary advantage over a third party.
correct
incorrect
Dishonesty and intention to defraud.
correct
incorrect
Dishonesty and intention, by the failure to disclose, to make a gain or cause a loss, or risk of loss, to another.
correct
incorrect
*
not completed
There is no legal definition of a "duty to disclose" under s.3 of the Fraud Act 2006. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
Failure to disclose
sufficient
information could constitute fraud by failure to disclose information. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
The offences of fraud by false representation (s.2) and fraud by failure to disclose information (s.3) are wholly separate. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
What is the
actus reus
of fraud by abuse of position?
By act or omission, to abuse a position in which one is expected to safeguard the financial interests of another.
correct
incorrect
By act or omission, to abuse a position of trust over money.
correct
incorrect
By act or omission, to abuse a position in which one is expected to safeguard a dependent third party individual.
correct
incorrect
By act or omission, to abuse a position of trust over property.
correct
incorrect
*
not completed
What is the
mens rea
of fraud by abuse of position?
Dishonesty and intention to permanently deprive.
correct
incorrect
Dishonesty, and intending, by the abuse of position, to cause a pecuniary loss to another third party.
correct
incorrect
Dishonesty and intention to defraud.
correct
incorrect
Dishonesty, and intending, by the abuse of position, to make a gain, or cause a loss or risk of loss, to another.
correct
incorrect
*
not completed
There is no legal definition of a "position in which one is expected to safeguard the financial interests of another" under s.4 of the Fraud Act 2006. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
The offence of fraud by abuse of position (s.4 of the Fraud Act 2006) is limited to a fiduciary duty. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
The offence of fraud by abuse of position (s.4 of the Fraud Act 2006) can be committed even if D is unaware that they hold such a position. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
What is the
actus reus
of obtaining services dishonestly?
The acquisition of services for which payment is required, and paying for this with a fraudulent means of payment.
correct
incorrect
The obtaining of services without any intention to pay.
correct
incorrect
The acquisition of services for which payment is required, and failed to pay for these services in full.
correct
incorrect
The obtaining of services with the intention to permanently deprive the other of those services.
correct
incorrect
*
not completed
What is the
mens rea
of obtaining services dishonestly?
Knowledge that payment for the services is, or might be, required; recklessness to obtain the service without paying; and intention to permanently deprive.
correct
incorrect
Dishonesty and intention to permanently deprive.
correct
incorrect
Knowledge that payment for the services is, or might be, required; intention to obtain the service without paying; and dishonesty.
correct
incorrect
Dishonesty by the objective standard of reasonable people.
correct
incorrect
*
not completed
Where D obtains services, with the intention of paying, but decides after the event that they will not do so, there is
no
offence committed under s.11 of the Fraud Act 2006 (obtaining services dishonestly).
True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
What is the maximum sentence for obtaining services dishonestly?
2 years.
correct
incorrect
5 years.
correct
incorrect
7 years.
correct
incorrect
10 years.
correct
incorrect
*
not completed
There is no legal definition of a "service" under s.11 of the Fraud Act 2006. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
What is the
actus reus
of possession of articles for use in frauds?
Possession of relevant financial information.
correct
incorrect
Possession or control of an article.
correct
incorrect
Possession of relevant confidential documents.
correct
incorrect
Possession or control of a bladed article.
correct
incorrect
*
not completed
What is the
mens rea
of possession of articles for use in frauds?
Knowledge of possession or control, and intention to use that article in connection with fraud.
correct
incorrect
Possession of an article with the intent to cause financial loss.
correct
incorrect
Knowledge of possession or control, and intention to use the confidential documents in connection with fraud.
correct
incorrect
Possession of a confidential document and dishonesty.
correct
incorrect
*
not completed
What is the
actus reus
of making or supplying articles for use in frauds?
Making and supplying a fraudulent article.
correct
incorrect
Making, adapting, or providing any such article to a company.
correct
incorrect
Making, adapting, supplying or offering to supply any such article.
correct
incorrect
Making, adapting, amending, damaging, or altering an article in order for it to be used for a dishonest purpose.
correct
incorrect
*
not completed
What is the
actus reus
of conspiracy to defraud?
Planning for an act in which private finances will be transferred from one party to another party, to whom they do not belong.
correct
incorrect
Agreement, between two or more people, as to the intention to commit an act of fraud against another person, or persons.
correct
incorrect
Planning an act wherein third party property will be stolen.
correct
incorrect
Agreement, between two or more people, as to a course of conduct which risks the property interests of another or deception in a public duty.
correct
incorrect
*
not completed
What is the
mens rea
of conspiracy to defraud?
Knowledge of the risks involved in the agreement; intention that the course of conduct will be carried out; and dishonesty.
correct
incorrect
Possession of a confidential document and dishonesty.
correct
incorrect
Knowledge of possession or control of an article, and intention to use the confidential documents in connection with fraud.
correct
incorrect
Possession of a legally privileged document and dishonesty.
correct
incorrect
*
not completed
What is the
actus reus
of making off without payment?
Leaving the venue without paying because of a subjective dissatisfaction with the product or service provided.
correct
incorrect
Making off, without payment, when some form of payment is both necessary and appropriate.
correct
incorrect
Leaving the venue to find a cashpoint if one lacks any money.
correct
incorrect
Making off, without payment, where on-the-spot payment is required.
correct
incorrect
*
not completed
What is the
mens rea
of making off without payment?
Knowledge that on-the-spot payment was required; intention to avoid payment; and dishonesty.
correct
incorrect
Dishonesty and intention to permanently deprive.
correct
incorrect
Knowledge that on-the-spot payment was required; and intention to make off from the scene at once.
correct
incorrect
Dishonesty and intention to remove the item without paying.
correct
incorrect
*
not completed
The point at which dishonesty is assessed, for the purposes of making off without payment, is the point at which D made off. True or false?
True
correct
incorrect
False
correct
incorrect
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