High Court of Australia
Cons Bennett v Govt
79 C.L.R.] OF AUSTRALIA. {HIGH COURT OF AUSTRALIA] GREENE . S 4 é ss . APpLIcANT-APPELLANT ; AND THE KING : < : F ' . Responpenr.
ON APPEAL FROM THE COURT OF CRIMINAL APPEAL OF NEW SOUTH WALES.
Criminal Law—False pretences—Existing fact—Representation by accused that he
could supply venetian blinds—Money paid to him therefor—Failure to supply blinds—Similar transactions—Remedy—Civil or criminal—Crimes Act 1900- 1946 (N.S.W.) (No. 40 of 1900—No. 43 of 1946), ss. 179, 182.
G. was convicted upon a charge that he falsely pretended to T. that he then intended and was in a position to supply and deliver to T. within a period then agreed upon certain venetian blinds ; by means of which false pretences he then obtained from TT. with intent to defraud a valuable security, the property of T., namely, a sum of £11. The evidence showed that G. obtained @ cheque for £11 from T'. on account of venetian blinds which G. said he could supply in six weeks. The blinds were not supplied. It was proved that G. had operated in a similar manner in relation to some twelve other persons. Upon appeal,
Held, by Latham C.J., Rich and Dizon JJ. (McTiernan and Webb JJ. dissenting), that in the absence of a false statement of a material existing fact the conviction must be quashed.
Per Latham C.J., Rich, Dixon and Webb JJ.: In relation to the offence of false pretences a representation of the existence of a present intention to perform a promise is not a representation of an existing fact.
Decision of the Court of Criminal Appeal of New South Wales, by majority, reversed.
Apprat from the Court of Criminal Appeal of New South Wales.
Lawrence Henry Benson Greene was charged at the Court of
Quarter Sessions, Sydney, upon an indictment for the following
VOL. LXXIx .—23
H.C. or A. 1949. —
Sypney, Nov. 10, Dec. 6.
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