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New Zealand Police v Begg [2020] NZDC 502

Published 13 January 2025

Judge-alone trial — obtaining by deception — sale and purchase of mobile phone — false representation — Facebook sale — Crimes Act 1961, subs 241(a). The defendant faced a charge of obtaining by deception. The complainant in the case had paid the defendant $750 for the phone, which the defendant failed to deliver to him as agreed. Having heard evidence from the defendant, the complainant, and two other witnesses, the Court found that it preferred the evidence of the complainant, finding him "honest and credible". By contrast the defendant's evidence was "littered with inconsistencies and untruths". The Court found that the charge was proven beyond all reasonable doubt, and found the defendant guilty. Judgment Date: 13 January 2020.