OBD vs Theft by Conversion Flashcards
The differences between Obtains by Deception and Theft by Conversation hinges on what concepts?
- Possession
- Ownership
A subsequent ‘conversion’ of anything obtained by deception may be….
Theft by Conversion
Who does Theft by a Person in a special relationship (s220) apply to?
Any person who has received or is in possession of, or has control over, any property on terms or in circumstances that require that person:
- to account to any other person for the property or proceeds arising from the property.
- to deal with the property in accordance with the requirements of any other person
Whether Theft by a Person in a special relationship (s220) applies is a question of…
law
If s220 does apply, what is Theft by a Person in a Special Relationship?
Everyone (to whom (1) applies) commits theft who intentionally fails to account to the other person so required or intentionally deals with property or any proceeds of it otherwise than in accordance with those requirements
What are the two core components of s 220? (Important)
- that they received, posses or control property on terms or in circumstances which, to the defendant’s knowledge, affects what the defendant may do with the property or require the defendant to act in accordance with requirements of another person, and
- that the defendant intentionally departed from the relevant obligation
What are the two mental elements for s220?
- Knowledge that the acquisition of property was on terms of requirements
- intentionally departing from those obligations
Discuss the level of knowledge required for the knowledge element of s220?
It is not necessary that the precise details of the obligations be known, only that the defendant is aware of some requirements affecting their freedom of action
Does Theft by a Person in a Special Relationship require dishonesty or without claim of right?
No
