Law criminal question on theft & fraud HELP

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Tiger1234
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In my exam question it says that a man who is going to a football game parks in a parking space which is for registered disabled persons only and the man is not disabled and parks in the space and does not pay.

Is that obtaining services dishonestly s.11 fraud act and also fraud by misrep s.2?
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Sunny_Smiles
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(Original post by Tiger1234)
In my exam question it says that a man who is going to a football game parks in a parking space which is for registered disabled persons only and the man is not disabled and parks in the space and does not pay.

Is that obtaining services dishonestly s.11 fraud act and also fraud by misrep s.2?
if he abandons the scene where payment is expected on the spot without an intention to return and make the payment, isn't that "making off without payment" opposed to just theft? although it is a property offence just like theft - but don't take any of this as absolute, I'm struggling just like you are :lol: also if he's parking in an illegal parking space in the circumstances of fraud, I don't think that is a property offence, I'll have to think about that one though (it could be?)
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Tiger1234
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(Original post by Sunny_Smiles)
if he abandons the scene where payment is expected on the spot without an intention to return and make the payment, isn't that "making off without payment" opposed to just theft? although it is a property offence just like theft - but don't take any of this as absolute, I'm struggling just like you are :lol: also if he's parking in an illegal parking space in the circumstances of fraud, I don't think that is a property offence, I'll have to think about that one though (it could be?)
This is the question... It's either fraud or theft crimes or both that have been committed.

On the day of the match Simon drives to the ground. He cannot find an available parking space in the main car park but notices that there are spaces in the disabled parking area. This area is available free of charge to registered disabled people. Simon, who is not registered as disabled, parks in this area without paying.-
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RohanYnaik
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Gaining by deception in NZ as he deceptively and without claim of right obtained a pecuniary advantage and he caused loss to the company arguably
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KBex
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(Original post by Tiger1234)
In my exam question it says that a man who is going to a football game parks in a parking space which is for registered disabled persons only and the man is not disabled and parks in the space and does not pay.

Is that obtaining services dishonestly s.11 fraud act and also fraud by misrep s.2?
I would think that it would fall under S2 of the Fraud Act.
AR: requires only that a false or misleading representation was made.
This can be either express or implied: S2(3). Here it can be argued that there was an implied misleading representation through the parking in the disabled bay as only a disabled person should park there and thus he is misleading one to believe that he is disabled.
MR: (imma put it in bullet points so it’s easier to see)
proof that he knew that the representation was or might be false2(2) Here, he obviously knows that he is not disabled and parking in the bay would imply that he of such.
and he acted dishonestly2(1)(a). Ghost test; objective element (was what was done dishonest according to the ordinary standards of reasonable and honest people) yes and people will not park here as is specifically prohibited
Subjective element (did the defendant realise that reasonable and honest people would regard what he did as dishonest) yes as he knows that this is not allowed.
The defendant must also know that his representation is untrue or misleading which is the case here.
However, the Ghosh test is now overruled in Ivey v Genting Casinos and is such no longer good law. I would assume that you would apply this test instead but since I’m in third year I haven’t read up on what the law is now so good luck with this.

and with intent to cause a loss or gain: s2(1)(b). Here, gain or loss must be in money or property: S5. I wouldn’t bother with definition of property here cause irrelevant. D must intend to make gain by making the representation: S2(1)(b) here it can be argued that the d intends not to have to pay for parking and as such he parks in the disabled spot. No actual loss is required.

I wouldn’t argue S11 as that requires the D obtaining services for which payment is or will become due and for which he fails to pay in whole or in part. He’s not exactly obtaining a service here so it wouldn’t fall under this.

DISCLAIMER: It’s been awhile since first year so I can’t really remember much and there’s a change in law too.

Although let me know the answer if you find out I’m curious xx
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