Fraudulent Appropriation
Fraudulent Appropriation is an offence under section 124 of the Crimes Act 1900, which carries a maximum penalty of 2 years in prison.
The offence may apply where you are being tried for a larceny, but the prosecution is unable to prove the necessary element of ‘taking and carrying away’ the subject property.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You were being tried for a larceny, and
- You fraudulently appropriated property for yourself or another, or you fraudulently retained property to secure a reward for its return.
The essential elements of fraud are:
- That by a deception
- You acted dishonestly, and
- Your actions caused you to obtain a financial advantage or caused another to suffer a financial disadvantage.
To ‘appropriate’ is to use for your own or another’s benefit without the owner’s permission.
Duress is a defence to the charge.
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