Question 1

Which of the following is not included in the offence of fraud under section 1 Fraud Act 2006?

Accepted Answer

A)   Obtaining property by deception
B)   Fraud by false representation
C)   Fraud by abuse of position
D)   Fraud by failing to disclose information A

Question 2

W, an elderly person, applies for financial help from the local authority to adapt her home for her physical needs. D, her son, fails to inform the local authority of her death and the work proceeds. Which of the following represents the law. There may be more than one correct

Accepted Answer

A)   D has committed fraud by failing to disclose under s3 Fraud Act 2006.
B)   D has committed fraud by false representation under s2.
C)   D has committed fraud by abuse of position under s4.
D)   D has committed no offence. B

Question 3

D obtains a large mortgage by falsifying the amount of his income. He intends not to repay it. Which of the following does not apply:

Accepted Answer

A)   S11 Fraud Act
B)   S2 Fraud Act
C)   S3 Fraud Act
D)   S4 Fraud Act D

Question 4

D is a regular customer of a garage. He dishonestly obtains the agreement of the garage owner to defer payment for his petrol by stating that he has been made redundant but will be starting a new job in a month's time. In fact, D intends never to pay. Which of the following does not apply:

Accepted Answer

A)   D commits an offence under s11 Fraud Act 2006.
B)   D commits an offence under s3 Theft Act 1978.
C)   D does not commit an offence under s3 TA 1978 because the agreement precludes an expectation that payment on the spot will be made for the petrol.
D)   D commits an offence under s2 Fraud Act.

Question 5

D spends three nights in a luxury hotel and leaves a worthless cheque on the reception counter when he leaves early one morning having just realized that he could not pay. Which of the following applies:

Accepted Answer

A)   S11 Fraud Act
B)   S2 Fraud Act
C)   S3 Fraud Act
D)   S3 Theft Act 1978

Question 6

D pays a foreign coin into a parking meter. D will have committed which of the following offences:

Accepted Answer

A)   S3 Theft Act 1978
B)   Fraud under s2 Fraud Act 2006
C)   Fraud under s3 Fraud Act 2006
D)   Fraud under s4 Fraud Act 2006

Question 7

D, a bank employee, befriends an elderly bank customer and extracts money from his bank account in order to pay off her credit card debt. Which of the following apply:

Accepted Answer

A)   S2 Fraud Act
B)   S3 Fraud Act
C)   S4 Fraud Act
D)   No offence

Question 8

A taxi driver takes his drunken passenger (D) to a police station instead of to the passenger's home. D refuses to pay. Which of the following is correct:

Accepted Answer

A)   D commits an offence under S11 Fraud Act.
B)   D commits an offence under s3 Theft Act 1978.
C)   D does not commit an offence under s3 TA 1978 because payment must be lawfully due.
D)   D commits an offence under s2 Fraud Act.

Exam 9: Property Offences II: Fraud and Making Off Without Payment