Episode F15 — False Pretences vs. Fraud: When to Charge Which

Episode Summary

This episode explains the practical and legal differences between false pretences under s. 362 and fraud under s. 380. False pretences focuses on a false representation of an existing fact made with intent to induce the victim to part with property, while fraud captures a broader range of dishonest conduct — deceit, falsehood, or other fraudulent means — that causes deprivation or risk of deprivation. The episode helps investigators decide when each offence fits the facts, when they should be charged together, and how the evidence requirements differ.

What You'll Learn

• • The elements of false pretences under s. 362
• • How fraud under s. 380 is broader than false pretences
• • When to charge in the alternative or concurrently

Key Investigator Takeaways

• • Match the offence to the specific dishonest conduct in the file
• • Use false pretences when reliance on a specific factual representation drove the transfer
• • Use fraud when the conduct is broader, ongoing, or based on other fraudulent means

Cases Discussed

Visual Mind Map

Transcript

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