Obtaining by Deception or Theft By Conversion?

Question 1

Theft by person in special relationship

Act/Section/Elements

Answer 1

Crimes Act 1961, S220

Any person who has received or is in possession of, or has control over, any property on terms or 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

Question 2

For S220 you must prove the two:

Answer 2

• They 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
• They intentionally departed from the relevant obligation