Episode F9 — Fraud Mens Rea: What Did the Accused Know?

Episode Summary

This episode focuses on the mens rea of fraud: what the accused knew. Under the modern fraud framework, the Crown must prove subjective knowledge of the prohibited act and subjective knowledge that the act could cause deprivation or risk of deprivation. The Crown does not need to prove the accused intended the victim to suffer the final loss in every case. The key issue is whether the accused knew the conduct was dishonest and knew it could put another person's economic interests at risk.

What You'll Learn

• • Subjective knowledge of the act and of the risk
• • Wilful blindness and recklessness in fraud
• • How statements, records, and after-the-fact conduct prove intent

Key Investigator Takeaways

• • Document what the accused said and did before, during, and after
• • Pattern evidence helps prove subjective knowledge
• • Recklessness with other people's money can be enough

Cases Discussed

Visual Mind Map

Transcript

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