Obtains by Deception or Theft by Conversion

Question 1

Obtains by deception vs theft by conversion

Answer 1

Both hinge on the concepts of:
• possession
• ownership

Question 2

WHAT ARE THE TWO CORE ELEMENTS OF PROOF FOR A CHARGE UNDER SECTION 220 - THEFT BY PERSON IN SPECIAL RELATIONSHIP

Answer 2

(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 its proceeds or require the defendant to act in accordance with the requirements of another person, and
(b) that the defendant intentionally departed from the relevant obligation.

Question 3

TO PROVE A CHARGE UNDER SECTION 220(1) IT IS NECESSARY TO PROVE THAT THE PERSON KNEW THEY HAD TO … ?

Answer 3

• account to any other person for the property, or for any proceeds arising from the property; or
• deal with the property, or any proceeds arising from the property, in accordance with the requirements of any other person.