Recent Posts

6/recent/ticker-posts

Augustino Brown Chanafi v. R., Crim. App. 832-D-67, 15/12/67, Biron J.



Augustino Brown Chanafi v. R., Crim. App. 832-D-67, 15/12/67, Biron J.

Accused was convicted of forgery and obtaining money by false pretences[P.C. ss. 337, 302]. He had obtained money from the complainant upon a note which he represented to be a valid interim insurance cover note, evidently with the intention of using part of the money to obtain a genuine insurance cover for the complainant’s vehicle.

            Held: The evidence supports a finding of “intent to defraud.” “(T)o deceive is by falsehood to induce a state of mind; to defraud is by deceit to induce a course of action.” [In re London & Globe Finance Corp. (1903) 1 Ch. 728, 732. Also citing R. v. Wines, 37 Cr. App. R. 197; Welham v. D.P.P. (1960) 44 Cr. R. 124; and Wood gate v. R. (1959) E.A.525.] 

Post a Comment

0 Comments