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Decisions of the Superior Courts of New South Wales, 1788-1899

R. v. Carr [1855] NSWSupCMB 4

obtaining by false pretences

Supreme Court of New South Wales, Moreton Bay

Stephen C.J., 29 May 1855

Source: Moreton Bay Courier, 2 June 1855, p. 2

Darby Carr was indicted for obtaining from Robert Davidson, on the 29th of August last, a cabbage-tree hat, under the false pretence that he was sent by James Cash.

From the evidence of Robert Davidson it appeared that the prisoner obtained a cabbage-tree hat, valued at fourteen shillings, from the witness, on the false representation that it was for James Cash, his employer. On the other hand, it was proved by Henry Rosetta that Cash was sometimes in the habit of giving the prisoner verbal orders to get things from the stores, which he, Cash, afterwards paid. In these circumstances the jury acquitted the prisoner, and His Honour in ordering him to be discharged, cautioned him as to his future career, and said that he did not leave the Court without a stain upon his character.

Published by the Division of Law, Macquarie University