CRIMINAL LAW AND PRACTICE – Obtaining Money by false pretence – Ingredients the prosecution must establish and prove to succeed in offence of obtaining money by false pretence

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“In order to succeed in proving the offence of obtaining money by false pretense, contrary to section 1 (3) of the Advance Fee Fraud and related Offences Act, the following ingredients must be established and proved by the prosecution: 1. That the appellant made a false representation to the victim with the intent to defraud her. 2. That the pretense or representation was false to the knowledge of the appellant. 3. That the false pretense or representation made by the appellant to the victim was indeed false. 4. That the false pretense or representation operated in the mind of the unsuspecting victim.” Per TIJJANI ABUBAKAR, JSC in PATRICK EZERIKE V. THE STATE (2022-LCER-46643-SC) at P. 24; Paras. C-E.

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CRIMINAL LAW AND PRACTICE – Obtaining Money by false pretence – Ingredients the prosecution must establish and prove to succeed in offence of obtaining money by false pretence

PRINCIPLES

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