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Introduction
Offences against property which do not
involve threats or the use of violence in the commission of the offence: i. Criminal misappropriation of property; ii.Criminal breach of trust; iii.Cheating
whoever dishonestly misappropriates or converts to his own use, or causes any other person to dispose of any property, shall be punished with imprisonment for a term which shall not be less than six months and not more than five years and with whipping and shall also be liable to fine.
Cont
misappropriate and conversion are not
defined under the PC. Sohan Lal v Emperor misappropriate means to set apart for or assign to the wrong person or a wrong use and this act must be done dishonestly. Winfields case conversion refers to any act in relation to the goods of a person which constitute an unjustifiable denial of his title to them. If denial of title is justified, there is no conversion.
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Cont
Dishonesty is the essential ingredient of the
offence. The key factors in determining criminal liability would generally be the nature and value of the property in question. The offence is committed when the property is misappropriated or converted by the accused to his own use or when the accused causes any person to dispose of the property. A dishonest misappropriation for a time only is a misappropriation within the meaning of the section.
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Cont
No criminal misappropriation of things which
have been abandoned. The property must have its owner to render a person guilty of misappropriation. Where the property is abandoned, anyone finding and taking it acquires a right to it which will be good even as against the former owner. H/e, when a thing is accidentally lost, the property is remains in the owner who lost it.
or with any dominion over property either solely or jointly with any other person; ii.Dishonestly misappropriated or converted to his own use that property, or dishonestly used or disposed of that property;
imprisonment for a term not exceeding ten years and with whipping and shall also be liable to fine.
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property and he dishonestly misappropriates the same or willfully suffers some person to do so, instead of discharging the trust attached to it. entrust includes that person handling over the property must have confidence in the person taking the property so as to create a fiduciary relationship between them. Entrustment includes bailments.
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Entrustment
PP v Husin Mohd Rejab [1994] 3 CLJ 93 R , the Chairman of a company was charged under s409 PC. Held: Although there had been some degree of interference or influence exercised by R over his staff, the evidence did not necessarily imply the element of entrustment. Unless the contrary is shown, the proper authority having control over a companys assets, including cash, is the BOD and not any one director in his individual capacity.
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Chin Wah v PP [1940] MLJ 292 A had borrowed jewellery for use at a party but failed to return it despite frequent requests. Held: The essence of the offence of CBT is the dishonest misappropriation or conversion by a person of property entrusted to him. The fact that the entrusting of the property was gratuitous is immaterial. The point is did the accused dishonestly convert to his own use the property of which he was the bailee? 13
Dominion
The property in respect of which the offence
is alleged to have been committed must have been entrusted to the offender or that he has dominion over the property. The factor to determine whether there is entrustment of or dominion over property is in the degree of control exercised by the offender.
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convert or dispose or willfully suffer any other person to do so in order that an offence of CBT is committed. Sathiadas v PP CBT is complete when there is dishonest misappropriation or conversion to one own s use, or when there is dishonest use in violation of a direction, express or implied, relating 17
Cont
There must be a sufficient positive act of
dishonesty. Cases: Lim Teik Kai v Hallam Nominees Ltd Mohamed Adil v PP PP v Rokiah Suhaili Tong Keng Wah v PP PP v Muthu Lingam
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Cont
PP v Wong Kim Fatt to establish dishonestly, it is not necessary that the prosecution should establish an intention to retain permanently the property misappropriated. An intention wrongfully to deprive the owner of the use of property for a time is sufficient. It is not necessary to prove in what precise manner the money or property was misappropriated. The essential thing to be proved is that the accused was actuated by dishonest intention.
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