Jersey Judgment

Bhojwani v Att. Gen. [2010] JLR 78 (08 June 2009)

Criminal Law Fraud False Representation

Citation: [2010] JLR 78
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal / Judgment

More details

Posture: Criminal / Judgment

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Holding and result

Fraud is constituted by a deliberate false representation by the defendant, intending and causing actual prejudice to someone (not necessarily the representee) and actual benefit to himself or another, with the representee being deceived by the false representation.

Court disposition

Not available from provided text.

Material facts

Parties

Bhojwani

Applicant

Attorney General

Respondent

Procedural history

Posture

Criminal / Judgment

Questions and positions

Legal issues

What are the constituent elements of fraud under Jersey law?

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Applicant: Not available from provided text.
Respondent: Not available from provided text.

Court’s reasoning

Legal principles

01
[2010] JLR 78

Fraud requires a deliberate false representation by the defendant, intending and causing actual prejudice to someone (not necessarily the representee) and actual benefit to himself or another. The representee must be deceived by the false representation.

Ratio, limits and disposition

Ratio decidendi

Fraud is constituted by a deliberate false representation by the defendant, intending and causing actual prejudice to someone (not necessarily the representee) and actual benefit to himself or another, with the representee being deceived by the false representation.

Court disposition

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Judgment

[2010] JLR 78

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