Propensity Evidence - Obtaining by Deception or Theft by Conversion

Question 1

What can be deemed to be offences under “Theft by Person in Special Relationship”?

Answer 1

• Failed to account to any other person for property received by the 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 in accordance with the requirements of some other person.
• Dealt with the proceeds of the property received by the Defendant otherwise in accordance with the requirements of some other person.

Question 2

*What are the Two Elements of Proof Required?

Answer 2

• The Defendant had received property/proceeds of property, and to act in accordance with their requirements of another person
  AND
• Defendant intentionally departed from their relevant obligations.

Question 3

What was found in R v Sizemore?

Answer 3

Court said that there is no requirement that the accused to have acted dishonestly or without claim of right. The mere fact of intentionally failing to perform one’s obligation is sufficient for liability.