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Chapter 28: Obtaining Credit by False Pretences

Table Of Contents 

[28.0] Introduction 

This chapter will examine the offence of 'Obtaining Credit By False Pretences', as provided for by section 309(a) of the Penal Code (Ch. 26). 

When interpreting any section of the Penal Code (Ch. 26), section 3 must be considered. That section states: 

'This Code shall be interpreted in accordance with the Interpretation and General Provisions Act and the principles of legal interpretation obtaining in England, and expressions used in it shall be presumed, so far as is consistent with their context, and except as may be otherwise expressly provided, to be used with the meaning attaching to them in English criminal law and shall be construed in accordance therewith.' (emphasis added) 

In that regard reference should be made to the Larceny Act 1916 (UK).

[28.1] Offence

Section 309(a) of the Penal Code (Ch. 26) states: 

'Any person who – 

(a)                in incurring any debt or liability obtains credit by any false pretence or by means of any other fraud, 

is guilty of a misdemeanour, and shall be liable to imprisonment for one year.' 

[28.2] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] in incurring a [debt or liability] with [specify the name of the complainant] did obtain credit by [a false pretence or fraud] to wit [specify the (false pretence or fraud)].' 

The 'false pretence' or the 'fraud' should be specified in the charge, see R v Thomas (1931) 23 CrAppR 21. 

[28.3] Elements 

A. Defendant 

B. Place 

C. Date 

D. Incur

 [i] Debt; or

 [ii] Liability 

E. Obtain Credit 

F. By Means Of 

[i] False Pretences; or 

[ii] Fraud

[28.4] Obtain Credit 

The term 'Obtain Credit' is not defined in the Penal Code (Ch. 26) or the Interpretation & General Provisions Act (Ch. 85). 

In Fisher v Raven; Raven v Fisher (1963) 47 CrAppR 174 Lord Dilhorne LC, with whom their Lordships concurred, held at page 193: 

'To commit an offence against this section credit has to be obtained and its ordinary significance, in my view, the expression "obtained credit" connotes the obtaining of credit in respect of the payment of money and no more. To constitute the offence there must be the obtaining of credit in particular circumstances, namely, in incurring a debt or liability and by particular methods, namely, under false pretences or by means of any other fraud.' 

'Obtaining credit means obtaining some benefit from another under an agreement which postponed payment of the consideration for the benefit; there has to be words or conduct designed to secure that credit is to be given', see R v Miller [1977] 1 WLR 1129; [1977] 3 AllER 986; (1977) 65 CrAppR 79; [1977] CrimLR 562; R v Thornton (1963) 47 CrAppR 1; R v Dawson & Wenlock (1960) 44 CrAppR 87; [1960] 1 AllER 558; [1960] 1 WLR 163 & R v Garlick (1958) 42 CrAppR 141. 

A charge of obtaining credit by entering into a hire – purchase agreement is bad because in law the passing of money under a hire – purchase transaction is not an obtaining of credit, see R v Inman [1967] 1 QB 140; [1965] 3 AllER 414; (1966) 50 CrAppR 247; [1966] 3 WLR 567 & R v Mitchell [1955] 3 AllER 263.

[28.5] False Pretences 

Section 307 of the Penal Code (Ch. 26) states: 

'Any representation made by words, writing or conduct, of a matter of fact, either past or present, which representation is false in fact, and which the person making it knows to be false, or does not believe to be true, is a false pretence.' 

The element 'False Pretences' is examined commencing on page 534.

[28.6] Similar Fact Or Propensity Evidence 

The law relating to 'Similar Fact Or Propensity Evidence' is examined commencing on pages 541 and 188.

[28.7] Jurisdiction 

The jurisdiction of the Courts in respect of the offence of 'Obtaining Credit By False Pretences' is examined commencing on page 14. 

The law relating to 'Sentencing' in respect of that offence is examined commencing on page 918.

[28.8] Related Offences 

The following offences are related to the offence of 'Obtaining Credit By False Pretences' as provided for in the Penal Code (Ch. 26): 

·                     subsections (b) and (c) of section 309 of the Penal Code (Ch. 26); 

·                     'False Pretences', section 308 of the Penal Code (Ch. 26) which is examined commencing on page 533; 

·                     'Pretending To Tell Fortunes', section 310 of the Penal Code (Ch. 26); 

·                     'Obtaining Registration, etc., By False Pretences', section 311 of the Penal Code (Ch. 26); and 

·                     'False Declaration For Passport', section 312 of the Penal Code (Ch. 26).