Section 16(2): consent obtained by deceit or duress is void
Whatever may be the fact as to the purchase of cloth, it is perfectly clear that the story told by the first appellant in the presence of the second appellant as to the availability of money in her house was false. It was this falsehood that induced the victim of the appellants to consent to hand over to the first appellant the sum of £600 Bray’s consent was therefore void, for Section 16 (2) of the Criminal Code expressly provides: “A consent shall be void if it is obtained by means of deceit or duress.” Clearly therefore, in our opinion, at the moment when the woman took the money, she took it without the consent of the owner, and dishonestly appropriated it. The offence was one of stealing.
COMMISSIONER OF POLICE v. BONNEY & ORS. [1959] GLR 237 [1959] SLR (CA) 20 · Court of Appeal · 1959 · GRANVILLE SHARP JA
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