State v Raj [2013] FJMC 205; Criminal Case 29.2011 (23 May 2013)

IN THE MAGISTRATE'S COURT OF FIJI
WESTERN DIVISION AT NADI
[CRIMINAL JURISDICTION]

CRIMINAL CASE NO: 29/2011 &

63/2011

STATE

V

RAJENDRA RAJ

WPC Ana for prosecution
Mr E. Maopa for Accused
Date of Sentence: 23.05.2013

SENTENCE

1. You, RAJENDRA RAJ, pleaded guilty to two counts of obtaining money by false pretence contrary to section 309 (a) of the Penal Code.
   
2. The facts that led to the charge on CF No. 29/2011 were that between 16 February 2009 and 6 March 2009 you obtained $2795.00 cash from one Edwin Chandra, the complainant by falsely pretending that you will lodge visa application to New Zealand and without doing so you used the money for your own use and benefit.
   
3. According to the facts which led to the charge on CF No. 63/2011, you in the same manner between 1 December 2008 and 30 July 2008 obtained $1570.00 cash from one Anita Vijay Latchmi, the complainant and used the money for your own benefit.
   
4. Obtaining money by false pretences-s. 309 (a)- prosecution must prove: 1. The accused obtained; 2. Money or benefits; 3. For his own use; 4. By; 5. False pretences; 6. With intent to defraud. A future promise to obtain visas is not a false pretence. A false pretence is representation of an existing fact which is false. Here, facts ambiguous and charge cannot be sustained, thus conviction quashed: per Shameem, J in Ramesh Chand v State [2004] HAA 3/04S 12 March 2004.
   
5. In the case at hand the facts outlined by the prosecution do not constitute the offence of false pretence as contemplated in section 309 of the Penal Code. In any event you have made good the monies obtained from the complainants. I therefore dismiss both the charges and discharge you from both charges without recording a conviction.
   
6. You have twenty eight (28) days to appeal.
   

.......................................................
M H Mohamed Ajmeer
Resident Magistrate

Dated at Nadi this 23rd of May 2013.