9084 · 2.2.8
Fraud as defined in the Fraud Act 2006
**Fraud Act 2006** (2.2.8) completes property offences. Compare **s2 vs s3 vs s4** routes — all require **dishonesty** (Ivey) and **intent to gain or cause loss**.
Need to know
What you need to know
- The Fraud Act 2006 creates one offence of fraud, committed in three distinct ways (s.2, s.3, s.4).
- The mens rea for all three types of fraud requires both dishonesty and an intention to make a gain or cause a loss.
- Dishonesty is assessed using the objective test from *Ivey v Genting Casinos*.
- 'Gain' and 'loss' are defined in s.5 and are limited to money or other property.
Explanation
Fraud as defined in the Fraud Act 2006
- The Fraud Act 2006 creates one offence of fraud, committed in three distinct ways (s.2, s.3, s.4).
- The mens rea for all three types of fraud requires both dishonesty and an intention to make a gain or cause a loss.
- Dishonesty is assessed using the objective test from *Ivey v Genting Casinos*.
- 'Gain' and 'loss' are defined in s.5 and are limited to money or other property.