Macleod v The Queen

[2003] HCA 24
Judgment date
Case number
S86/2002
Before
Gleeson CJ, McHugh, Gummow, Hayne, Callinan JJ
Catchwords

Criminal law – Property offence - Fraudulent application of company property by director or officer - Accused also sole beneficial shareholder of company - Whether consent of accused, as sole shareholder, cures what would otherwise be a breach by accused, as director or officer, of s 173, Crimes Act 1900 (NSW).

Criminal law – Property offence - Fraudulent application of company property by director or officer - Directions - Whether trial judge misdirected jury in failing to identify the use of dishonest means as an essential element of s 173, Crimes Act 1900 (NSW) - Whether trial judge erred in failing to direct that it was necessary for accused to have realised that his impugned conduct was dishonest by the current standards of ordinary, decent people.

Words and phrases – "fraudulently", "claim of right".

Crimes Act 1900 (NSW) – ss 4(1), 173.

Files
24.rtf (79.19 KB)
24.pdf (158.93 KB)