BL – Nov 2015 – L2 – SB – Q3a – Law of Contract

Explain three types of fraud-related offences under the Criminal Code.

Question

The Criminal Code does not create a single general offence of fraud, instead, there are a number of offences that are fraud related.

Required:

Explain briefly THREE offences of fraud.
(15 Marks)

Answer

Obtaining by False Pretenses:
This offense occurs when a person intentionally misrepresents facts to another party in order to obtain property or financial benefit. The misrepresentation must be deliberate and intended to deceive, causing the victim to act based on the false information.
Forgery:
Forgery involves the creation, alteration, or falsification of a document with the intent to deceive or defraud. This includes forging signatures, altering official records, or creating counterfeit documents with the aim of using them to gain financial or other advantages unlawfully.
Embezzlement:
Embezzlement occurs when a person entrusted with money or property misappropriates it for their own use. This offense typically applies to individuals in positions of trust, such as employees or public officials, who wrongfully convert assets meant for the organization or another party to their personal benefit.