Obtaining by Deception or Theft by Conversion?

Question 1

What does the key difference between theft and obtaining by deception hinge on?

Answer 1

The concepts of:

• possession
• ownership
• If someone how gained something by deception, the owner has freely given possession (title may be voidable)
• If someone has gained property by way of theft, they have taken it without the owners consent so have possession but not ownership

Question 2

Section 220 Crimes Act - Theft by person in special relationship

Answer 2

This section applies to anyone who has received or is in possession or has control over any property in circumstances that the person knows requires them

a) to account to any other person for the property

b) to deal with the property, or any proceeds arising from the property

Question 3

Section 220 Crimes Act Theft by person in special relationship - Everyone to whom subsection 1 applies to commits theft who….

Answer 3

Intentionally fails to account to the other person as so required

Question 4

There may be an offence under Section 220 where the defendant has intentionally what?

Answer 4

• Failed to account to any other person for property received by the defendant
• Failed to account to any other person for the proceeds of property received by the defendant
• Dealt with property received by the defendant otherwise in accordance with the requirements
• Dealt with the proceeds of the property received by the defendant

Question 5

Section 220 requires proof of what 2 core elements? (1)

Answer 5

1) that they have received property on terms which to the offenders knowledge, affect what the defendant may do with the property or to its proceeds or require the defendant to act in accordance with the requirements of another person

Question 6

Section 220 requires proof of what 2 CORE elements? (2)

Answer 6

2) that the defendant intentionally departed from the relevant obligation

Question 7

Penalty for offence against Section 220:

Answer 7

7 years regardless of the value of the property in question

Question 8

Explain the first MENTAL element required under Section 220:

Answer 8

The defendant must know that the acquisition of the property was on terms which require the defendant to account for the property.

It should not be necessary that the precise details of those obligations be known.

Question 9

Explain the second MENTAL element required under Section 220:

Answer 9

The defendant must have “intentionally” departed from his obligation

Question 10

What did the Court say in R v Sizemore

Answer 10

No requirement that the accused be shown to have acted dishonestly or without claim of right.