Theft by Person in Special Relationship

Question 1

What are the ingredients of Theft by Person in Special Realtionship?

Answer 1

S220 - Theft by person in special relationship

(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.
(2) Every one 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.
(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.
(4) For the purposes of subsection (1), it is a question of law whether the circumstances required any person to account or to act in accordance with any requirements.

Question 2

What are the two mental elements of an offence under s220?

Answer 2

1. Defendant must know the acquisition of the property was on terms or requirements which require the defendant to account for the property or its proceeds or to deal with the property or its proceeds in accordance with the direction of another person
2. The defendant must have intentionally departed from his or her obligations