Chapter 12 Multiple choice questions

. Which deception offences were abolished by the Fraud Act 2006?

Dishonestly obtaining property belonging to another by deception under s. 15 Theft Act 1968.

Dishonestly obtaining services by deception under s. 1 Theft Act 1978.

All of the offences defined by way of deception in the Theft Acts 1968 and 1978.

Dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it under s. 1 Theft Act 1968.

. In Harris (1975), D was convicted of attempting to obtain a pecuniary advantage by deception when he checked into a hotel under a false name. Which offence, if any, is it likely he could be convicted of under the Fraud Act 2006?

None

Section 1 by breach of s. 2

Section 1 by breach of s. 3

Section 1 by breach of s. 4

. In Gilmartin (1983), D was convicted of obtaining property by deception when he obtained goods in exchange for cheques drawn against an account he knew to be overdrawn, knowing it likely the cheques would not be honoured. Which offence, if any, is it likely he could be convicted of under the Fraud Act 2006?

None

Section 1 by breach of s. 2

Section 1 by breach of s. 3

Section 1 by breach of s. 4

. In Firth (1990), D was convicted of obtaining the evasion of a liability deception when he failed to disclose to the hospital in which he worked that some of the patients he had treated were private rather than NHS patients. Which offence(s) might he be convicted of under the Fraud Act 2006?

Section 1 by breach of s. 2 in that he made a false representation by his conduct.

Section 1 by breach of s. 3 in that he had a legal duty to disclose the status of his patients.

Section 1 by breach of s. 4 as he was in a position where he was expected to safeguard the hospital's financial interests.

All of the above.

. In Gomez (1993), the authority on the meaning of appropriation for the purposes of theft, D deceived his manager at work into authorizing the sale of the goods to a third party in exchange for stolen cheques. Which offence(s) might he be convicted of under the Fraud Act 2006?

Section 1 by breach of s. 2 in that he made a false representation.

Section 1 by breach of s. 3 in that he had a legal duty to disclose the cheques were stolen.

Section 1 by breach of s. 4 as he was in a position where he was expected to safeguard his employer's financial interests.

All of the above.

. Which of the following terms IS defined in the Fraud Act 2006?

False (representation, s. 2)

Misleading (s. 2)

Legal duty (to disclose, s. 3)

Expected to safeguard (the financial interests of another, s. 4)

. What offence is governed by s. 11 of the Fraud Act 2006?

Dishonestly obtaining services by deception.

Dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it.

Dishonestly obtaining services.

Dishonestly appropriating services.

. How is dishonesty assessed for the purposes of fraud contrary to s. 1 of the Fraud Act 2006?

Section 2(1) Theft Act 1968

The Ivey test

Both

Neither

. Which of the following elements has to be proved by the prosecution for D to be convicted of conspiracy to defraud?

A deception.

Economic loss to the victim.

That it was the defendants' purpose to defraud the victim.

That the defendants made an agreement to deprive the victim of something which was his or to which he was entitled, or to injure a proprietary right of his.

Chapter 12 Multiple choice questions

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