Section 133 - Definition of, and provisions relating to, a false pretence

(1) A false pretence is a representation of the existence of a state of facts made by a person, with the knowledge that the representation is false or without the belief that it is true, and made with an intent to defraud.

(2) For the purposes of subsection (1),

(a) a representation may be made by written or spoken words, or by personation, or by any other conduct, sign, or means of any kind;

(b) the expression “a representation of the existence of a state of facts” includes a representation as to the non-existence of a thing or a condition of things, and a representation of any right, liability, authority, ability, dignity or ground or credit or confidence as resulting from an alleged past fact or state of facts, but does not include a mere representation of an intention or a state of mind in the person making the representation, nor a mere representation or promise that anything will happen or will be done, or is likely to happen or to be done;

(c) a consent is not obtained by a false representation as to the quality or value of a thing, unless the thing is substantially worthless for the purpose for which it is represented to be fit, or to have been substantially a different thing from that which it is represented to be; and

(d) subject to paragraphs (a), (b) and (c), if the consent of a person is in fact obtained by a false pretence, it is immaterial that the pretence is of a kind that would not have an effect on the mind of a person using ordinary care and judgment.

Illustrations

Subsection (2)

1. A goes into a shop dressed as an officer in the Army, which A is not. If A does this in order to gain credit which A would not otherwise get, A has committed the criminal offence of a false pretence, although A does not actually say that A is an officer.

2. The following pretences which are false are sufficient “false pretences” by A within the meaning of this Chapter:

(a) that a picture which A is selling once belonged to a particular collector;

(b) that a picture which A is selling was painted by a particular painter;

(c) that a picture which A is selling belongs to A;

(d) that A is entitled to a legacy under the will of a deceased relative;

(e) that A has an account at a particular bank; or

(f) that A has the authority of another person to act on that person’s behalf.

3. The following are not sufficient, although false:

(a) that the picture is a valuable work of A;

(b) that A expects to receive a legacy when a relative dies.