Theft by Person in Special Relationship Flashcards
S 220 (1)
(1) This section applies to 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.
220 (2)
(2) Every one to whom (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, other wise than in accordance with those requirements.
220 (3)
(3) This section applies whether or not the person was required to deliver over the identical property received or in the person’s possession or control.
220 (4)
(4) For the purposes of (1), it is a question of law whether the circumstances required any person to account or to act in accordance with any requirements.
Offence where the defendant has intentionally…(4)
- 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 than in accordance with the requirements of some other person.
- dealt with the PROCEEDS of the property received by the defendant otherwise than in accordance with the requirements of some other person.
Two core elements of proof required
(a) that he/she RECEIVED PROPERTY on terms or in circumstances which, to the DEFENDANT’S KNOWLEDGE, affect what the defendant may do with 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.
