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Fraudulent appropriation

Offence title:

Fraudulent appropriation

Act:

124 Crimes Act (NSW)

Offence:

Where a person is being tried for larceny, it appears:

(a)   The person fraudulently appropriated the property to their own use, or another’s, the relevant property, though the original taking was not with fraudulent intent, or

(b)   The person fraudulently retained the property for reward for restitution,

Fraudulent appropriation is an alternative offence committed.

Penalty:

Imprisonment 2 years, or a fine of 20 penalty units, or both.

Summary/Indictable/mixed:

Summary – if specifically charged.

Jurisdiction:

Local Court.

How committed:

Neighbour A borrows neighbour B’s lawnmower. After some time, and neighbour B not asking for it back, because of forgetfulness, neighbour A sells the lawnmower online and he forms the view neighbour B does not want it back.

Important note:

 

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