Theft by Conversion

Question 1

Example of Theft by Conversion

Answer 1

Goods obtained on “hire” by false representation, the offender then sells the hired goods to another they commit theft by conversion

Question 2

Theft by Person in Special Relationship
Sect 220
Crimes Act 1961

Answer 2

Sect 220 (1)
This section applies to any person who has received or is in possession of or has control over any property on terms or in circumstances that the person knows require 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 to whom subsection (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
(3) this section applies whether or not the person was required to to deliver over the identical property received or in the persons possession or control
(4) for the purposes of subsection (1) is is a question of law whether the circumstances required any person to account or to act in accordance with any requirements

Question 3

What two elements are required to prove offence under sect 220

Answer 3

(a) that he or she have received property on terms or in circumstances which to the defendant’s knowledge affect what the accused may do with the property or it’s proceeds or require the defendant to act in a accordance with the requirements of another person AND
(b) that the defendant intentionally departed from the relevant obligation

Question 4

What are the mental elements of an offence under sect 220

Answer 4

1) the defendant must know that the acquisition of the property one on terms of requirements
2) the defendant must intentionally depart from his or her obligations