Section 236Part 9 — Offences Relating to Property
Dishonesty
←→ Navigate · Click subsection badges to collapse · Press ? for help
236. (1) A person’s appropriation of property belonging to another is not to be regarded as dishonest —
if the person appropriates the property in the belief that the person has in law the right to deprive the other of it on behalf of themselves or of a third person;
if the person appropriates the property in the belief that that person would have the other’s consent if the other knew of the appropriation and the circumstances of it; or
(except where the property came to the person as a trustee or personal representative) if the person appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.
A person’s appropriation of property belonging to another may be dishonest notwithstanding that the person is willing to pay for the property.