R v Stevens

[2014] QCA 286

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Stealing
3. › Fraudulent conversion
4. › Dealing with goods inconsistent with true owner's rights
5. › Whether returning stolen property to supplier rather than owner constitutes conversion
6. › Whether intention to permanently deprive owner established
7. › Criminal Code 1899 (Qld), s 391
1. Criminal Law
2. › Appeal and new trial
3. › Verdict unreasonable or insupportable having regard to evidence
4. › Appeal dismissed
5. › Whether finding of fraudulent conversion reasonably open on the whole of the evidence
1. Criminal Law
2. › Intent
3. › Distinction between intention and motive or desire
4. › Proof of intention by inference from facts and circumstances

Quick Take

A person who, upon discovering that property in their possession is stolen, returns it to the person who supplied it rather than to the rightful owner or the authorities, may be convicted of stealing by fraudulent conversion under s 391 of the Criminal Code 1899 (Qld). The fact that the person was motivated by a desire to recover their purchase money does not negate the requisite intention to permanently deprive the owner.

Case Details

Citation[2014] QCA 286

CourtQCA

JurisdictionQueensland

Unlock so much more with Barrister AI

The full text is available to signed-in members.

Relies on5

2006R v ReidQCA 202
2000R v AngusQCA 29
1997R v Cushion; ex parte Cth DPPQCA 380
1997Cutter v RHCA 7
and 1 more after sign-in

Create free account

Already have an account? Sign in