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KembaraXtra- Case Law-Coady (1996) - Obtaining Property by Deception
Case Facts:
Case Facts:
- Defendant (D): Served himself petrol at a self-service station.
- Deception: Instructed the assistant to charge the petrol to his former employer's account (no longer authorized).
- Initial Conviction: Obtaining property by deception.
- Appeal: Argued representation occurred after obtaining the petrol.
- When must the false representation occur in relation to obtaining the property to constitute the crime of obtaining property by deception?
- Timing is Crucial: The false representation must precede the obtaining of property to be "operative" (i.e., cause the obtaining).
- Application to Coady: The representation (charging to the former employer) occurred after the petrol was obtained.
- Rejection of "General Representation" Argument: The court rejected the argument that simply arriving at the petrol station implied a general representation of payment.
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