Obtaining By Theft Or Deception By Conversion Flashcards
(5 cards)
Two differences between theft and obtaining by deception?
- Possession and Title of Ownership.
Theft, you don’t have ownership, OBD ownership (title) has been given, although could be voidable title.
Define: Theft by conversion
Gained possession of property by deception, then on sells goods, commit theft by conversion.
Theft by person in special relationship - Legislation
Section 220 Crimes Act 1961
(1) Applies to anyone who has received or is in possession of, or control over, any property on terms or in circumstances that the person knows requires the person -
(a) to account to any other person for the property, or for any proceeds arising from the property, or,
(b) to deal with the property, or any proceeds arising from the property, in accordance with the requirements of any other person.
(2) Everyone whom (1) applies commits theft who intentionally fails to account to the other person as so required or intentionally deals with the property, or any proceeds of the property, otherwise than in accordance with those requirements.
Two core elements of proof required for Theft by person in special relationship.
a) That they have received property on terms or in circumstances which, to the defendants knowledge, affect what the defendant may do with the property or its proceeds or require the defendant to act in accordance with the requirements of another person, and,
b) The defendant intentionally departed from the relevant obligation.
Two mental elements required for theft of person in special relationship.
Firstly, the defendant must know that the obtainment of the property was on terms or requirements which require the defendant to account for the property or its proceeds, or to deal with the property or its proceeds in accordance with the direction of another person.
Secondly, the defendant must have intentionally departed from their obligations.
Intention and knowledge.
