Theft by Special Relationship

Question 1

Theft by person in Special Relationship

Answer 1

Section 220 Crimes Act 1961

(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 form the property, in accordance with the requirements of any other person.

(2) Everyone to whom sub(1) applies commits theft who intentionally fails to account to the other person as do 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 sub(1), it is a question of law whether in the circumstances required any person to account or to act in accordance with any requirements.

Question 2

Two core elements of proof required

Answer 2

Section 223(a) Crimes Act 1961 - There is a maximum penalty of sevens years imprisonment regardless of the value of the property in question where there has been an offence against s220.

Two core elements of proof required:

(a) that he or she have received property on terms or circumstances which, to the defendant’s knowledge , affect what the defendant may do with the property or proceeds or require the defendant to act in accordance with the requirement of another person, and
(b) that the defendant intentionally departed from the relevant obligation.