Mathew Merere v. R. Crim. App. 456-D-67, 11/8/67, Hamlyn, J

Mathew Merere v. R. Crim. App. 456-D-67, 11/8/67, Hamlyn, J

Accused opened a school, promising that a normal and adequate course of instruction would be provided. He collected fees for his services. Because of his lack of knowledge and inefficiency, he was utterly in capable of fulfilling the promises which he had made. He was convicted of obtaining money by false pretences.

            Held: (1) Section 301 of the Penal Code provides that the representation must concern a matter of fact either past or present. In the present case, the representation concerned services which were to be performed in the future, and such evidence did not support the conviction. (2) In addition, it is doubtful that the evidence showed any real intent to defraud. Conviction quashed.