s. 362

False pretence or false statement

Obtaining property or credit by a false pretence or by a false statement in writing.

Plain-language explanation

Section 362 targets obtaining property, money, or credit by means of a false pretence — a representation of fact known to be false and intended to induce another to act on it.

Legal elements

• False representation of fact
• Knowledge of falsity
• Intent to induce reliance
• Property, money, or credit obtained

Investigator notes

• Overlaps with s. 380 fraud — Crown often charges in the alternative.

Section text

Every one commits an offence who (a) by a false pretence, whether directly or through the medium of a contract obtained by a false pretence, obtains anything in respect of which the offence of theft may be committed…