Greene v R [1949] HCA 55

Greene v R [1949] HCA 55

In the absence of a false statement of a material existing fact, a conviction for obtaining property by false pretences cannot be sustained. A representation of present intention to perform a promise does not equate to a representation of an existing fact required for the offence under s. 179 of the Crimes Act 1900-1946 (N.S.W.), and thus the conviction was quashed.

Parties
Applicant Appellant: Lawrence Henry Benson Greene; Respondent: The King
Jurisdiction
Australia
Judgment Date
06 December 1949
Procedural Posture
Criminal Appeal / Special Leave to Appeal From the Court of Criminal Appeal of New South Wales; Hearing of the Appeal by Agreement
Outcome
Special leave to appeal granted; appeal allowed; conviction quashed.
Legal Topics
False Pretences, Fraud, Elements of Criminal Liability, Crimes Act 1900 (n.s.w.), S. 179 and S. 182, Difference Between Civil and Criminal Remedies for Fraud
Criminal Law False Pretences Fraud Elements of Criminal Liability Crimes Act 1900 (n.s.w.), S. 179 and S. 182 Difference Between Civil and Criminal Remedies for Fraud

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Parties

Lawrence Henry Benson Greene

Applicant Appellant

The King

Respondent

Procedural Posture

Criminal Appeal / Special Leave to Appeal From the Court of Criminal Appeal of New South Wales; Hearing of the Appeal by Agreement

Legal Issues

  1. 1 Whether a false statement or representation as to a present intention to perform a promise is a false pretence amounting to a criminal offence under s. 179 of the Crimes Act 1900-1946 (N.S.W.)
  2. 2 Whether a representation that the accused was 'in a position to supply goods' is a representation of an existing fact

Ratio Decidendi

In the absence of a false statement of a material existing fact, a conviction for obtaining property by false pretences cannot be sustained. A representation of present intention to perform a promise does not equate to a representation of an existing fact required for the offence under s. 179 of the Crimes Act 1900-1946 (N.S.W.), and thus the conviction was quashed.

Court Disposition

Special leave to appeal granted; appeal allowed; conviction quashed.

Orders

  • Order of the Court of Criminal Appeal of New South Wales set aside.
  • Conviction of Lawrence Henry Benson Greene quashed.