Section 73(12) of the Crimes Act 1958 (Vic) should only be referred to before a jury in exceptional cases, and when it is, the trial judge must relate its operation to the alleged facts. The first clause of s.73(12) lays down a general principle (treating the thing as one's own to dispose of regardless of the other's rights) to which the second clause (borrowing or lending equivalent to an outright taking) makes a limited exception. A trial judge must not withdraw from the jury the issue of consent to the taking when directing on appropriation and dishonesty, and must not reverse the onus of proof on dishonesty by emphasising the absence of a legal right rather than directing the jury to consider whether the Crown has proved the accused did not believe she had such a right.
The full text is available to signed-in members, including the 15 later cases that cite this judgment.