ABSTRACT
This chapter describes the reasons for the enactment of the Fraud Act 2006, the offences of fraud created by the Fraud Act 2006 and the offence of obtaining services by fraud. It applies the law to factual situations to determine whether an offence of fraud has been committed. The Fraud Act created an offence of obtaining property by deception (s 15) and an offence of obtaining a pecuniary advantage by deception (s 16). The chapter discusses the mens rea of the offence of fraud by false representation has three parts to it. The defendant must be dishonest; know that the representation is, or might be, untrue or misleading; and have an intention to make a gain or cause a loss. The Fraud Act 2006 repealed ss 15, 15A, 15B, 16 and 20(2) of the Theft Act 1968 and also ss 1 and 2 of the Theft Act 1978.
