ABSTRACT
The closing words of this quotation deal with the mental state required for guilt which will be dealt with a little later.
8-05 The earlier part of the quotation states the, perhaps obvious, fact that for deception to take place, it is not sufficient that a deceptive statement is made. One can make a false statement, or, as it was put in the LA 1916, a false pretence, without actually deceiving anyone. There is no deception unless someone is thereby deceived. Thus, if an untrue statement never reaches the consciousness of the person to whom it is addressed, the latter is not deceived by it. Equally, he is not deceived by it, if he hears it but does not believe it. In Hensler,4 the defendant sent a begging letter containing lies. The recipient saw through the lies but, nevertheless, sent the beggar some money. The beggar was held not guilty of obtaining by false pretences.5 This was because the false pretence was not the cause of his obtaining the money. Today, the reason he would not be guilty, under s 15, is that there was no deception. He would, however, be guilty of attempting to obtain property by deception – as, indeed, in the actual case he was convicted of attempting to obtain by false pretences.6
