R v Daley [2010]

R v Daley [2010]

1. Facts:

D failed to disclose criminal convictions when applying for a job.

2. Outcome:

• Decision: Appears to create strict liability regarding the existence of a duty to disclose.

3. Impact and Analysis:

• Legal Principle: Under the Fraud Act 2006, failing to disclose information can constitute fraud only when there is a legal duty to do so.

• Implications: This case highlights the importance of understanding legal obligations to disclose information. The decision underscores that omissions can be fraudulent if there is a legal requirement to disclose certain facts, potentially leading to strict liability in situations where such a duty exists.