Albert Alexander Age v The State
| Jurisdiction | Papua New Guinea |
| Citation | [1979] PNGLR 589 |
| Date | 26 November 1979 |
| Court | Supreme Court |
| Year | 1979 |
Supreme Court: Prentice CJ, Wilson J, Greville–Smith J
Judgment Delivered: 26 November 1979
1 Criminal law—false pretences—bank loan obtained by bank officer pretending it was for another person—no necessity to show loss to representee
2 CRIMINAL LAW—Particular offences—False pretences—The false pretence—As to material existing facts—Inducement Intent to defraud—No need to show economic loss to representee—Criminal Code, s416(1)
S416(1) of the Criminal Code provides: (1) Any person who by any false pretence or wilfully false promise or partly by a false pretence and partly by a wilfully false promise and with intent to defraud obtains from any other person any chattel, money or valuable security or induces any other person to deliver to any person any chattel, money or valuable security is guilty of a crime and is liable to imprisonment with hard labour for five years. It is immaterial that the thing is obtained or its delivery is induced through the medium of a contract induced by the false pretence or the wilfully false promise or partly by a false pretence and partly by a wilfully false promise as the case may be.
The appellant, a bank employee who had reached the limit of his eligibility for loans as prescribed by his employer, and wishing to acquire a motor vehicle, sought the assistance of one Patu who on his behalf, completed a loan application to the bank in his (Patu's) name for the sum of K2,054.96 for the "purpose" of assisting in the purchase of a new Datsun utility, indicating therein that part of the purchase monies would be provided by the trade–in for K1900 of a vehicle then owned by Patu. The loan...
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The State v Jimmy Kendi (2006) N3129
...(1) (a). Cases cited Papua New Guinea Cases Public Prosecutor’s Request N0.4 Of 1974 [1975] PNGLR.365; Albert Alexander Age v The State [1979] PNGLR.589; Paulus Pawa v The State [1981] PNGLR.498; The State v Tom Morris [1981] PNGLR.493; The State v Gabriel Ramoi [1993] PNGLR.390; The State ......
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The State v Jimmy Kendi (2006) N3200
...to deceive and to induce the complainant in order to obtain the property fraudulently obtained: Albert Alexander Age v The State [1979] PNGLR.589. 95. How does the court find out if the action by the accused was dishonest with the “intent to defraud”? I answer that question by saying that, ......
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The State v Christine Willyman
...should the Court accepts? – Accused found not guilty – Case dismissed defendant discharged. Cases cited Albert Alexander Age v The State [1979] PNGLR 589 John Kasaipwalova v The State [1977] PNGLR 257 Wellington Belawa v the State [1988-89] PNGLR496 Counsel: Mr. L. Rangan, for the State Ms.......
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The State v Richard Budu
...facts – intent to defraud – s404(1)(a) Criminal Code Act, 1974. Cases Cited: Papua New Guinea Cases Albert Alexander Age v The State [1979] PNGLR 589 Paulus Pawa v The State [1981] PNGLR 498. Prosecutor’s Request No 4 of 1974 [1975] PNGLR 365 The State v Stanley Tua CR (FC) 254 of 2017, 20 ......
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The State v Jimmy Kendi (2006) N3129
...(1) (a). Cases cited Papua New Guinea Cases Public Prosecutor’s Request N0.4 Of 1974 [1975] PNGLR.365; Albert Alexander Age v The State [1979] PNGLR.589; Paulus Pawa v The State [1981] PNGLR.498; The State v Tom Morris [1981] PNGLR.493; The State v Gabriel Ramoi [1993] PNGLR.390; The State ......
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The State v Jimmy Kendi (2006) N3200
...to deceive and to induce the complainant in order to obtain the property fraudulently obtained: Albert Alexander Age v The State [1979] PNGLR.589. 95. How does the court find out if the action by the accused was dishonest with the “intent to defraud”? I answer that question by saying that, ......
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The State v Christine Willyman
...should the Court accepts? – Accused found not guilty – Case dismissed defendant discharged. Cases cited Albert Alexander Age v The State [1979] PNGLR 589 John Kasaipwalova v The State [1977] PNGLR 257 Wellington Belawa v the State [1988-89] PNGLR496 Counsel: Mr. L. Rangan, for the State Ms.......
-
The State v Richard Budu
...facts – intent to defraud – s404(1)(a) Criminal Code Act, 1974. Cases Cited: Papua New Guinea Cases Albert Alexander Age v The State [1979] PNGLR 589 Paulus Pawa v The State [1981] PNGLR 498. Prosecutor’s Request No 4 of 1974 [1975] PNGLR 365 The State v Stanley Tua CR (FC) 254 of 2017, 20 ......