T. C. Harby v. R., Crim. App. 196-A-67, 2/2/68, Seaton J.

T. C. Harby v. R., Crim. App. 196-A-67, 2/2/68, Seaton J.

Accused was convicted on 4 counts of obtaining credit by false pretences [P.C. s. 305(1)]. Accused had had his private automobile repaired on two occasions, had chartered an airplane on another occasion, and had purchased to bottles of perfume, in all cases signing invoices made out to his employer, the New Arusha Holel. The Hotel had not authorized him to incur such debts on its behalf.

            Held: In order to obtain a conviction under section 305(1), three elements of the offence must be proven: the incurring of a debt or liability, an obtaining of credit by false pretences, credit”, in the ordinary meaning of the words, signifies that a person is entrusted with money or goods on the faith of future payment by himself. Convictions quashed.