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Case Briefs

R v Winning

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FactsEdit

Winning applied for credit at Eaton's, providing her real name and address but making other fraudulent representations. She always paid her bill off on time, but Eaton's complained that she had committed fraud and she was charged with "obtaining credit by false pretences". Witnesses stated that they had not used the fraudulent information in issuing her credit; they had only used her name and address. Winning was convicted by the lower court.

IssueEdit

  1. Were the appellant's fraudulent representations the cause of her obtaining credit?

DecisionEdit

Appeal allowed, conviction quashed.

ReasonsEdit

The charge requires that Eaton's relied on her fraudulent information when deciding to issue her credit. As on the facts all they used was her name and address, which were given truthfully, the necessary aspect of causation in the offence was not proven. She could have been guilty of fraud, but not this specific crime.

RatioEdit

When causation is a required element of an offence, the specific causation stated in the provision must be satisfied in order to get a conviction.

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