Sect. 21.

—
Conversion by trustee.} —Every person who, being a trustee as
hereinafter defined, of any property for the use or benefit either wholly or
partially of some other person, or for any public or charitable purpose, with
iateat to defraud converts or appropriates the same or any part !thereof to or
for his own use or benefit, or the use or benefit of any person other than such
person as aforesaid, or for any purpose other than such public or charitable
purpose as aforesaid, or otherwise disposes of or destroys such property or any
part thereof, shall be guilty of a misdemeanor and on conviction thereof liable
to penal servitude for any term not exceeding seven years. Provided that no

prosecution for any offence included^ in this section shall be commenced — (a) ly

622 FRAUDULENT CONVERSION OF PROPERTY.

any person without the sanction of the Attorney-General, or, in case that office
be vacant, of the Solicitor-General (b) by any person who has taken any civil
;

proceedings against such trustee, without the sanction also of the court or judge
before whom such civil proceedings have been had or are pending. [Tfw's
section re-enacts 24 & 25 Vict. c. 96, s. 80. For indictment, see post, p. 634.1

According to Section 20(1)(iv)(a) of the Larceny Act 1911, fraudulent conversion refers to the
unlawful appropriation or conversion of someone else's property by a person who has lawful
possession of it. To succeed in a charge of fraudulent conversion under this provision, the
prosecution needs to establish certain elements. Here are the key elements that the prosecution
would typically have to prove:

Unlawful Appropriation: The prosecution must demonstrate that the accused person appropriated or
converted the property in question without lawful authority. This means that the accused took
possession of or exercised control over the property without proper permission or legal justification.

Ownership or Right of Possession: The prosecution must establish that the property belonged to
someone else or that someone else had a lawful right to possess it. It is crucial to prove that the
accused was not the rightful owner or possessor of the property at the time of the alleged
conversion.

Intention to Permanently Deprive: The prosecution must show that the accused had the intention to
permanently deprive the owner of the property. This means that the accused intended to keep the
property for themselves or dispose of it in a way that would prevent the owner from recovering it.

Lawful Possession: While the accused may have had possession of the property at the time of the
alleged conversion, the prosecution must establish that the accused's possession was lawful initially.
If the accused obtained lawful possession but later converted the property, it would constitute
fraudulent conversion.

Absence of Consent: The prosecution must demonstrate that the owner of the property did not
consent to the conversion. If the owner willingly authorized or permitted the accused to take or use
the property, it may undermine the charge of fraudulent conversion.
These elements collectively form the basis for proving a charge of fraudulent conversion under
Section 20(1)(iv)(a) of the Larceny Act 1911. It is important to note that the exact elements and
requirements may vary depending on the jurisdiction and specific legal provisions applicable in a
particular jurisdiction. Therefore, it is always advisable to consult the relevant laws and legal
authorities specific to your jurisdiction for accurate and up-to-date information.

User

Using UK authorities discuss the elements to be proven by the prosecution to succeed in a charge of
fraudulent conversion in detail according to the Section 20 (1) (iv) a of the Larceny act 1911

ChatGPT

Section 20(1)(iv)(a) of the Larceny Act 1911 addresses the offense of fraudulent conversion in the
United Kingdom. To successfully prove a charge of fraudulent conversion under this provision, the
prosecution must establish the following elements:

Appropriation: The prosecution needs to demonstrate that the accused person appropriated the
property. Appropriation refers to the assumption of the rights of an owner, irrespective of whether
the appropriation is done with the owner's consent or for the owner's benefit. It involves treating the
property as one's own or exercising control over it.

Property: The prosecution must establish that the subject matter of the offense constitutes
"property." Property can include any money, personal belongings, real estate, or other assets that
have value and belong to someone else. It is essential to establish that the property in question was
capable of being owned or possessed.

Belonging to Another: The prosecution must show that the property belonged to another individual
or entity and that the accused person did not have a lawful right or ownership interest in it. This
element highlights that fraudulent conversion involves the unauthorized appropriation of property
that rightfully belongs to someone else.

Intent to Permanently Deprive: The prosecution needs to prove that the accused person had the
intention to permanently deprive the owner of the property. This means that the accused intended
to treat the property as their own, keep it, or dispose of it in a way that would prevent the owner
from recovering it.
Without Consent: The prosecution must establish that the accused person acted without the consent
of the owner. If the owner willingly authorized or permitted the accused to use or take the property,
it may negate the element of fraudulent conversion. Lack of consent is a crucial factor in
distinguishing between lawful actions and fraudulent conversions.

Lawful Possession: The prosecution must demonstrate that the accused person had lawful
possession of the property initially. This means that the accused obtained possession of the property
lawfully but subsequently converted it without authorization. If the accused initially obtained
possession unlawfully, it would fall under a different offense, such as theft.

These elements collectively form the foundation for proving a charge of fraudulent conversion under
Section 20(1)(iv)(a) of the Larceny Act 1911 in the United Kingdom. It is important to note that legal
interpretations and specific elements can vary based on case law and may be subject to further
legislative developments or amendments. Therefore, it is advisable to consult the relevant legal
authorities, including statutes, case law, and legal professionals, to ensure accurate and up-to-date
information.