FALSE PRETENCES

Dominion, Volume 29, Issue 252, 21 July 1936, Page 16

FALSE PRETENCES

Hire-Purchase Motor-car Sold In the Supreme Court, Wellington, yesterday, Janies Lawrence Holden pleaded not guilty to a charge that, with intent to defraud, he obtained from Independent Motor Sales, Ltd., on May 25, £l6O by falsely representing that a motor-car belonged to him mid that he bad paid £250 cash for it. He was further charged with stealing a motor-car valued at about £2OO, the property - of General Motors Acceptance Corporation. Mr. C. Evans Scott, outlining the case for the Crown to the court, said that on .Marcli 5 accused, who was then in Auckland, agreed to purchase from a firm a Ford car. It was to be purchased on the usual hire-purchase system. The total amount payable for the car was £277. Accused traded in another car on which he was allowed £6O. The balance was to be paid in monthly instalments. The car was delivered to accused on March 6. Under the terms of the agreement the. property in the car did not pass to the purchaser until he had paid all the instalment’s. He paid one instalment only. He came to Wellington and called on Independent Motor Sales, Ltd., inquiring if the firm would buy his car for cash. The firm offered £l6O cash for it. When the car was being tried accused said he had bought the car for £255 cash. Accused agreed to accept the firm’s offer. He had said the car was unencumbered and that he had paid cash for it. Accused then went to the Te Aro branch of the Bank of New Zealand and cashed the cheque. He then went to the Bank of Australasia, where he said he was going to Sydney and asked the bank to remit the money. He gave a false name. Independent Motor Sales, Ltd., found that the car was not his and that he had no right to sell’ it to anybody. A member of the firm had noticed accused next day at Petone, asked for the money back, received it and returned the car.

Accused, who was not represented by counsel, gave evidence that he came to Wellington with two other men. They suggested he should dispose of the car, and he thought if he did that he would get rid of the other men. In addition to the £l6O he received he had £4O on him. These men followed him to the bank and wanted him to give them a third each of the money. After he had returned the money he met the two men at Barrett’s Hotel, and there that night he was knocked unconscious by a .bottle. The men took his £4O and about £4O worth of clothes.

The jury, after a short retirement, returned a verdict of guilty on ’the false pretences charge, and accused was remanded for sentence by the ActingChief Justice (Sir John Reed).