Section 120 - Dishonest appropriation

(1) An appropriation of a thing is dishonest

(a) if it is made with an intent to defraud, or

(b) if it is made by a person without a claim of right, and with a knowledge or belief that the appropriation is without the consent of a person for whom that person for whom that person is trustee or who is owner of the thing or that the appropriation would, if known to the other person, be without the consent of the other person.

(2) It is not necessary, in order to constitute a dishonest appropriation of a thing, that the accused person should know who the owner of the thing is, but it suffices if the accused person has reason to know or believe that any other person, whether certain or uncertain, is interested in or entitled to, that thing whether as owner in that person’s right or by operation of law, or in any other manner; and a person so interested in or entitled to a thing is an owner of that thing for the purposes of the provisions of this Act relating to criminal misappropriations and frauds.

(3) The general provisions of Part One with respect to consent, and with respect to the avoidance of consent by force, duress, incapacity, and otherwise, apply for the purposes of this section, except as is otherwise provided in this Chapter with respect to deceit.

Illustrations

Subsection (1)

1. A, a commercial traveller, is directed to collect moneys for the employer. If A is at liberty to dispose of the particular moneys which A collects, and is only bound to account for the balance in A’s hands at particular times or when called upon, A does not commit stealing or fraudulent breach of trust merely by spending any or all of the moneys collected by A unless there is an intent to defraud.

2. A being the guest of B writes a letter on B’s paper. Here A has not stolen, because, although A does not use the paper under a claim of right, yet A believes that B, as a reasonable person, would not object to A doing so.

3. A, during a law suit with B as to the right of certain goods, uses or sells some of the goods. Here A has not stolen because, although A believes that B would object, yet A acts under a claim of right.

Subsection (2) A person can be convicted of stealing by appropriating things the ownership of which is in dispute or unknown, or which have been found by another person.