David Harrison
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By Deception: Directed by Adio Ash. With Marquis Ransom, Katie Loftus, Angelo Giannone, Martina Karra. A promising novelist finds himself trapped in a terrifying reality as he reckons with the notion that a murderer is in his midst.
- (932)
- Thriller
- Adio Ash
- 2022-11-09
A promising novelist finds himself trapped in a terrifying reality as he reckons with the notion that a murderer is in his midst.
- (4)
- Marquis Ransom
- Adio Ash
- Mystery & Thriller
- Introduction
- Charging Practice
- The Offences
- The Elements of The Offences
- Penalty
The Fraud Act 2006 (the Act) came into force on 15 January 2007 and applies in England, Wales and Northern Ireland. The Act repealed the following offences: Theft Act 1968 1. Section15 (obtaining property by deception); 2. Section15A (obtaining a money transfer by deception); 3. Section 16 (obtaining a pecuniary advantage by deception); 4. Section ...
Overlap with theft and other offences
In many cases fraud will also be theft. Prosecutors should bear in mind: 1. Theft carries a lower maximum sentence; 2. The actus reusrequirement for fraud is far less; 3. The credit/debit status of any bank accounts debited is irrelevant to the Fraud Act offences. All that is in issue is the Defendant's right to use the account; 4. It is not necessary to prove or demonstrate any consequences of fraud (though they will clearly be material to sentence, compensation and confiscation). "Preddy" t...
Drafting the charge
The focus of the charge is the false representation. In most cases this will be the same as the deception under the old Theft Act offences. Prosecutors must analyse what the representation was and importantly when it was made, as simply as possible, for example:
Section 1 creates a general offence of fraud and introduces three ways of committing it set out in Sections 2, 3 and 4. 1. Fraud by false representation (Section 2); 2. Fraud by failure to disclose information when there is a legal duty to do so (Section 3); and 3. Fraud by abuse of position (Section 4). In each case: 1. the defendant's conduct mus...
False representation
Section 2 (2) defines the meaning of "false" and Section 2 (3) defines the meaning of "representation". A "representation" means any representation as to fact or law, including a representation as to the state of mind of the person making the representation or any other person (Section 2 (3)). An example of the latter might be where a defendant claims that a third party intends to carry out a certain course of action perhaps to make a will in someone's favour. It may be difficult to prove to...
Untrue or misleading
A representation is defined as "false" if it is untrue or misleading and the person making it knows that it is, or might be, untrue or misleading. Actual knowledge that the representation might be untrue is required not awareness of a risk that it might be untrue.
Dishonesty
In Ivey v Genting Casinos (UK) (trading as Cockfords Club)[2017], Lord Hughes of Ombersley suggested that the Ghosh test was wrong. At paragraph 74 he said ‘the Ghosh test does not correctly represent the law and that directions based upon it ought no longer to be given’. He went on to provide an alternative two-stage test: 1. what was the defendant’s actual state of knowledge or belief as to the facts; and 2. was his [the defendants] conduct dishonest by the standards of ordinary decent peop...
The maximum penalty for offences under Sections 1, 7 and 9 and is 12 months' imprisonment on summary conviction and 10 years' imprisonment on conviction on indictment. Section 10 of the Act increases the maximum penalty for offences contrary to Section 458 of the Companies Act 1985 to 10 years' imprisonment. The maximum penalty for an offence under...
A promising novelist finds himself trapped in a terrifying reality as he reckons with the notion that a murderer is in his midst.Instagram - @DeckofCardsMedi...
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Find out how and where to watch "By Deception" online on Netflix, Prime Video, and Disney+ today – including 4K and free options.
- Adio Ash
- 94 min
- 6
A promising novelist finds himself trapped in a terrifying reality as he reckons with the notion that a murderer is in his midst.
By Deception (2022) Thriller. Official Teaser Trailer. A promising novelist finds himself trapped in a terrifying reality as he reckons with the notion that a murderer is in his midst.
- 2 min
