Episode F8
Episode F8 — Fraud Actus Reus: Deceit, Falsehood, and Other Fraudulent Means
34 min · Jul 11, 2023
Audio coming soon
Episode F8 — Fraud Actus Reus: Deceit, Falsehood, and Other Fraudulent Means
00:0034 min
Episode Summary
This episode focuses on the actus reus of fraud — the prohibited conduct and its consequences. Under s. 380, fraud may be committed by deceit, falsehood, or other fraudulent means, and the prohibited act must be connected to deprivation or risk of deprivation. The episode explains the difference between direct deceit, false statements, and broader dishonest conduct, and why investigators need to identify exactly what the accused did and how that conduct caused loss or risk.
What You'll Learn
- • How deceit, falsehood, and other fraudulent means differ
- • Connecting conduct to deprivation
- • What documentary and communications evidence proves the act
Key Investigator Takeaways
- • Identify the specific dishonest act in plain language
- • Tie the act directly to the deprivation or risk
- • Don't blur 'lie' with 'dishonest conduct'
Cases Discussed
R v Olan
[1978] 2 SCR 1175
Whether risk of economic loss satisfies the deprivation element
R v Théroux
[1993] 2 SCR 5
Elements of fraud — dishonest act and subjective knowledge
R v Zlatic
[1993] 2 SCR 29
Whether reckless conduct can amount to 'other fraudulent means'
R v Riesberry
2015 SCC 65
Causation and risk of deprivation in fraud
Visual Mind Map
Actus Reus of Fraud
s. 380 conduct element
Deceit
Express misrepresentation
Falsehood
Known-untrue statement
Other fraudulent means
Reckless / trust-breaching
Dishonest conduct
Below ordinary standards
Victim reliance
Where required
Property
Tangible / intangible
Money
Cash, deposits, transfers
Valuable security
Negotiable instruments
Services
Induced by fraud
Deprivation
Loss element
Risk of deprivation
Exposure to loss
Evidence required
Documents, communications, records
Case law
Olan, Théroux, Zlatic, Riesberry
Transcript
Show transcript
Episode F8 maps the actus reus of fraud across deceit, falsehood, and other fraudulent means…