R. v. Théroux: The Modern Fraud Test
Modern fraud test
R. v. Théroux
Modern fraud test
Actus reus
Prohibited conduct
Deceit
Express misrepresentation
Falsehood
Known-untrue statements
Other fraudulent means
Dishonest conduct
Deprivation
Loss to victims
Risk to pecuniary interests
Exposure to loss
Mens rea
Subjective awareness
Subjective knowledge
What accused knew
Knowledge of prohibited act
Awareness of conduct
Knowledge of possible deprivation
Awareness of risk
Business failure vs criminal fraud
Loss alone is not fraud
Investigator takeaway
Prove act + knowledge