R. v Bennitt - [1961] NZLR 452

Criminal law — False pretence — Amount of cheque properly payable inflated as result of false pretence — Cheque to be regarded as obtained by false pretence — Not necessary to allege in indictment that it was the property of a particular person — Immaterial that after payment it will be returned by the bank to the drawer — Cheque capable of being stolen — Bank credit not so capable — Crimes Act 1908, ss. 252 (a). 238

Criminal law — Indictment — Motion to quash — Indictment and evidence in lower Court disclosing a crime — Defect a matter of description by way of particulars — Power of Court to amend instead of quashing — Crimes Act 1908, ss. 392, 399, 407 (5).

Criminal law — Theft — Thing capable of being stolen — Bank credit or chose in action not so capable — Cheque capable of being stolen — Value of such a cheque — Crimes Act 1908, ss. 252, 238.