Concept of Title Flashcards
What happens if you receive stolen property knowing it was stolen after title has been restored to the owner or another other person?
It is not an offence
What are the two core elements of proof required for S220 CA 1961
- defendant received property with terms or conditions affecting how the defendant could act towards the property or its proceeds
- defendant intentionally departed from acting on the property in the way that was described by some other person
What is a voidable title?
A title obtained by deception, fraud, duress or misrepresentation and can be avoided by the seller
Penalty for S220 CA 1961
7 years and is regardless of the value of property taken
What is the material difference between theft and obtains by deception in relation to title
A theif never gets title but a person who obtains by deception does get title however this title may have limitations
Are possession and title always obtained at the same time?
No, it is possible to have possession without gaining title straight away. eg hire purchase where title remains with the seller until the full amount is paid.
How is a title avoided?
One of the following must be done by the person deceived
- communicate with the deceiver
- take all other possible steps to bring it to the deceivers notice
- advise the police of the deception
Definition
Title
a right or claim to the ownership of property
or
a legal right to property
What is another offence to consider when investigating deception offences?
Theft by person in special relationship
S220 CA 1961
There may be an offence under section 220 when what has occurred?
When the defendant has intentionally
- failed to account to any other person for property received or proceeds of property received by the defendant
- dealt with property or the proceeds of property otherwise than in accordance with the requirements of some other person
Under what circumstances does a person keep title of goods if they have fraudulently induced another to hand over the goods with the intention that title will pass?
S246(4) CA 1961
If—
(a)
any property stolen or obtained by any other imprisonable offence has been returned to the owner; or
(b)
legal title to any such property has been acquired by any person,—
a subsequent receiving of it is not an offence, even though the receiver may know that the property had previously been stolen or obtained by any other imprisonable offence.
If an item is on sold with voidable title before the title is voided what happens?
Good title is passed on and the genuine buyer retains the property
When does title pass from one person to another?
Where there is a contract of sale between parties, title passes when it was intended to pass by the parties
If an item is on sold with voidable title after the title has been voided what happens?
Title is not passed on and the original owner gets the property back
