Wakilii

Rex v Robert (Criminal Appeal No. 402 of 1948.)

East African Court of Appeal · [1948] EACA 74 · 1948 Appeal Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from conviction for obtaining goods by false pretences
Decision
Appellant convicted of lesser offence of obtaining credit by false pretences; sentence reduced

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Misrepresentation is a necessary element in obtaining goods by false pretences. Merely ordering petrol and taking delivery without making any representation as to ability or intention to pay does not constitute false pretences under section 306 of the Penal Code. However, where a person obtains petrol on implied credit with no intention of paying, the elements of obtaining credit by false pretences under section 309(1) are satisfied. Conviction under section 306 quashed and substituted with conviction under section 309(1).

Outcome

Appellant convicted of lesser offence of obtaining credit by false pretences; sentence reduced

Facts

The appellant drove his lorry to a petrol pump at Osman Allu and Co. in Nyeri. On the appellant's instructions through his turnboy, an employee put 12 gallons of petrol into the lorry's tank. When asked for payment, the appellant inquired about the amount due. While the employee went to the shop to ascertain the price, the appellant drove away at a fast pace without making any payment. The appellant was charged with theft of the petrol under section 269 of the Penal Code. The Magistrate held that ownership in the petrol had passed to the appellant and convicted him instead of obtaining goods by false pretences under section 306. The appellant was sentenced to nine months' imprisonment with hard labour and a fine of Sh. 50 or one month's imprisonment in default, with Sh. 32/50 compensation to the complainant if the fine was paid.

Issues

  1. Whether the appellant's conduct in obtaining petrol and driving away without payment constituted obtaining goods by false pretences contrary to section 306 of the Penal Code.
  2. Whether misrepresentation is a necessary element in the offence of obtaining goods by false pretences.
  3. Whether the facts proved established the offence of obtaining credit by false pretences contrary to section 309(1) of the Penal Code.

Orders

  • Conviction under section 306 of the Penal Code quashed.
  • Conviction for obtaining credit by false pretences contrary to section 309(1) of the Penal Code substituted.
  • Sentence of imprisonment reduced to four months' imprisonment with hard labour.
  • Sentence as to fine of Sh. 50 or in default one month's imprisonment with hard labour to stand.
  • Order for compensation of Sh. 32/50 to the complainant to stand.

Rules and key headnotes

Criminal Law — False Pretences — Misrepresentation as Essential Element
Misrepresentation, either by word or conduct, is a necessary element in the offence of obtaining goods by false pretences under section 306 of the Penal Code.
Criminal Law — False Pretences — Mere Request for Goods Insufficient
Where an accused orders goods and takes delivery without making any representation as to his ability to pay or his intention to pay, the mere asking for goods to be supplied and taking delivery cannot amount to a false pretence.
Criminal Law — Obtaining Credit by False Pretences — Elements of Offence
The offence of obtaining credit by false pretences under section 309(1) of the Penal Code requires three elements: first, incurring a debt or liability; second, obtaining credit; and third, fraud.
Criminal Law — Credit — Vendor Giving Credit by Supplying Goods Before Payment
A vendor who delivers goods on the terms that they are to be paid for immediately after they have been received gives credit to the purchaser, even if the period of credit is very short.
Criminal Procedure — Conviction for Included Offence
Where an accused is charged with one offence but the facts proved establish a different offence, the court may substitute a conviction for the proved offence if it is an included offence under sections 179 and 190 of the Criminal Procedure Code.

Legislation cited (7)

  • Penal Code s.269
  • Penal Code s.306
  • Penal Code s.309(1)
  • Criminal Procedure Code s.179
  • Criminal Procedure Code s.190
  • Criminal Procedure Code s.187(b)
  • Debtors Act 1869 s.13(1)

Cases cited (3)

  • R v Jones (1898) 19 Cox CC 87
  • R v Gordon (1889) 23 QBD 354
  • R v Jones (1898) 19 Cox CC 87

Full judgment

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Rex v Robert (Criminal Appeal No. 402 of 1948.) [1948] EACA 74 (1 January 1948)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.