Obtaining By Deception V Theft By Conversion Flashcards
Theft By Person In Special Relationship
THEFT BY PERSON IN SPECIAL RELATIONSHIP - S220
(1) 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.
S220 Discussion
S220 DEFENDANT MUST
- Intentionally failed to account to any other person for property received by defendant / failed to account to any other person for the proceeds of property received by the defendant / dealt with property received by the defendant otherwise than in accordance with the requirements of some other person / dealt with proceeds of property received against accordance with requirements of some other person
To Prove Theft In Special Relationship (S220)
PROVING THEFT IN SPECIAL RELATIONSHIP (S220) TWO CORE ELEMENTS
- They received property in circumstances which, to their knowledge, affects what they may do with the property/its proceeds or requires them to act in accordance with the requirements of another person, and
- They intentionally departed from the relevant obligation.
Mental Elements
MENTAL ELEMENTS OF THEFT IN SPECIAL RELATIONSHIP
Defendant must know that the acquiring property was on terms which requires them to account for it/its proceeds to any other person, or to deal with it/its proceeds in accordance with the direction of another person.
Defendant must have “intentionally” departed from their obligations.
