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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:

  1. You were being tried for a larceny, and
  2. 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:

  1. That by a deception
  2. You acted dishonestly, and
  3. 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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