正在編輯用戶:Hinnia/Fraud （章節）

=== Mens rea of s 2 ===
Mens rea has three elements:

# '''Dishonesty'''
#* Apply '''Ivey''' (see theft notes). D’s belief about facts is considered, but not D’s personal view of honesty.
# '''Intention'''
#* D must intend, '''by making the representation''', to make a gain or cause loss/risk of loss (see section on “causation in the head”).
# '''Knowledge that the representation is or might be untrue or misleading''' (s 2(2)(b))
#* At least subjective '''awareness of risk of falsity'''.
#* Cannot be satisfied by “ought to have known”.

Case:

* '''Augunas'''  EWCA Crim 2046
** It is wrong to direct a jury that D is guilty if D '''ought''' to know the representation is untrue or misleading.
** A '''subjective''' standard is required:
*** However, where D '''wilfully shuts their eyes''' to obvious doubts as to genuineness, they can be said to '''know it might be''' untrue or misleading.
*** This is “wilful blindness” functioning as constructive knowledge.