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What the prosecution needs to prove
- (a) The accused applied to their own use
(i) property belonging to another; or
(ii) property belonging to the accused, or which is in the accused’s possession, either solely or jointly with another person, subject to a trust, direction or condition or on account of any other person. “Applied” means taking or using another’s property for the accused’s own purposes.
(b) The accused obtained property from any person. “Obtain” includes to get, gain, receive or acquire in any way (s 408C(3)(e)).
(c) The accused induced any person to deliver property to any person. (d) The accused gained a benefit or advantage, pecuniary or otherwise, for any person. (e) The accused caused a detriment, pecuniary or otherwise, to any person.
(f) The accused induced any person to do an act which the person was lawfully entitled to abstain from doing.
(g) The accused induced any person to abstain from doing an act which the person was lawfully entitled to do.
(h) The accused made off:-
(i) knowing that payment on the spot was required or expected for property lawfully supplied or returned or any service lawfully provided;
(ii) without having paid; and
(iii) with intent to avoid payment.
- The accused’s action must have been done dishonestly. To prove that the accused acted dishonestly the prosecution must prove that what the accused did was dishonest by the standards of ordinary honest people. See specific provisions in s 408C(3)(b) and (c) in relation to whether an act or omission is dishonest.
Receiving tainted property s 433
Note: The law changes from time to time and the above information may not be accurate at the time of your viewing. You should book an appointment with us for advice, as different information may apply.