Define: False Pretences

False pretences refers to a criminal offense involving deceit or deception, where an individual knowingly makes false statements or representations to obtain money, property, or services from another person.

The elements typically include:

• a. Making a false representation of a material fact,
• b. Knowing the representation is false,
• c. Intending to defraud the victim, and
• d. Causing the victim to act upon the false representation and suffer a loss or harm as a result.

False representations can include lies, misstatements, half-truths, or omissions of material facts made with the intention of deceiving the victim into parting with money, property, or services.

False pretences is a type of fraud, specifically involving deception to obtain something of value from another person through false representations or promises.

Examples include:

• a. Pretending to be someone else to obtain access to financial accounts,
• b. Falsely claiming to have authority or expertise to provide services,
• c. Misrepresenting the value or quality of goods or services, and
• d. Concealing defects in products or property being sold.

False pretences is a criminal offense punishable by imprisonment, fines, restitution to the victim, and other penalties specified by law. Conviction for false pretences may also result in civil liability for damages.

Yes, false pretences can be committed through various means, including written communications (such as letters, emails, or contracts) and electronic communications (such as phone calls, text messages, or online transactions).

Defences may include lack of intent to defraud, absence of false representations, consent of the victim, or other legal defences depending on the circumstances of the case.

Yes, false pretences can be prosecuted both criminally by government authorities and civilly by private individuals or entities seeking damages for losses suffered as a result of the deception.

Individuals accused of false pretences should seek legal advice from qualified criminal defence attorneys who can provide guidance, representation, and advocacy to protect their rights and interests throughout the legal process.