Greene v The King

Lawrence Henry Benson Greene was convicted in the Court of Quarter Sessions, Sydney, of falsely pretending that he intended and was in a position to supply venetian blinds, thereby obtaining a cheque for £11 from Percival Thomson. Greene's appeal to the Court of Criminal Appeal of New South Wales was dismissed. The High Court of Australia granted special leave to appeal and treated the application as the hearing of the appeal.

The central legal issue before the High Court was whether a false representation as to a present intention to perform a promise constitutes a false pretence of an existing fact for the purposes of section 179 of the *Crimes Act 1900* (N.S.W.). The indictment alleged that Greene falsely pretended he intended and was in a position to supply the blinds, and that by means of these false pretences, he obtained the cheque.

A majority of the High Court, comprising Latham C.J., Rich and Dixon JJ., held that in the absence of a false statement of a material existing fact, the conviction must be quashed. The Court reasoned that a representation of the existence of a present intention to perform a promise is not a representation of an existing fact, and therefore cannot form the basis of a false pretence charge under the relevant legislation. While there was evidence of Greene's fraudulent conduct and a pattern of similar transactions, the majority concluded that the alleged pretence related to future conduct or intention, not a present, ascertainable fact. McTiernan and Webb JJ. dissented, finding that the allegation that Greene was in a position to supply the goods constituted a fraudulent misrepresentation of an existing fact.

The appeal was allowed, and the conviction was quashed.