Offences against Property - Criminal Misappropriation

Question 1

S 403 PC

Answer 1

Whoever dishonestly misappropriates or converts to his own use movable property, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Question 2

Theft vs Criminal Misappropriation?

Answer 2

D commits theft if the movable property was originally in the possession of some other person and D moves the property with a dishonest intention to take it.

For criminal misappropriation, D initially comes across the movable property in a legally neutral manner (eg, by finding), and he subsequently forms a dishonest intention to deal with the movable property in a manner that is inconsistent with the rights of the true owner.

Question 3

Elements of CM:

Wong Seng Kwan v PP [2012] 3 SLR 12

Answer 3

1. Movable property belongs to some person other than D
2. Must be an act of misappropriation or conversion to his own use (AR)
3. D must possess a dishonest intention (MR)

Question 4

1. Movable property belongs to some person other than D

Answer 4

A. Offence does not arise if the movable property has been abandoned as there is no owner to speak of.

Intention to abandon: Courts will look at the surrounding circumstances (i.e. place where chattel was found, nature of chattel, value of chattel).

B. Rights of finder (rights to possess): Fact of finding and asserting possession per se will not constitute an offence. However, if the item is not abandoned, then the owner never intended to relinquish ownership. Hence, the finder has no right to ownership (as per Explanation 2).

C. Reasonable steps to locate the owner: Whether the finder can reasonably be expected to discover and give notice to the owner.

Finder should also keep the chattel for a reasonable time to enable the owner to find it, before dealing with it inconsistently with the owner’s rights.

Question 5

2. Must be an act of misappropriation or conversion to his own use (AR)

Answer 5

A. Misappropriate: To set apart for or assign to the wrong person or a wrong use, and the act must be done dishonestly

B. Conversion: Refers to an act in dealing with the chattel in a manner inconsistent with the rights of the true owner, provided it is also established that there was an intention on the part of D in so doing to deny the owner’s right or assert a right which is inconsistent with the owner’s right.

Must be or include a physical dealing with the goods and that such dealing is inconsistent with the owner’s rights.

Question 6

3. D must possess a dishonest intention (MR)

Answer 6

A. “Misappropriate” itself conveys element of wrongfulness, as opposed to the neutral verb “appropriates”.

Wong Seng Kwan v PP: D’s act of appropriating the wallet was still neutral. However, his intention would become dishonest if he removed the cash from the wallet and kept it as his own. No usage is necessary.

Expanded in Shaik Farid v PP and other appeals [2017] SGHC 239: Even though As harboured dishonest intent from the outset at the point of “finding” the Moneys, rather than only subsequent to it, this cannot make them any less guilty of criminal misappropriation.