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KembaraXtra-Case Law - R v Fernandes
Case Overview
Case Overview
- Facts: Solicitor (D) transferred client's money to R for investment in a risky moneylending firm. The money disappeared. D knew the investment was unsafe and was convicted of theft.
- Legal Issue: Applicability of s 6(1) Theft Act (1968) concerning the intention to permanently deprive.
- Focus: The second limb of s 6(1)
- Application: Can apply when someone in possession of another's property:
- Deals with it in a way they knew was risking its loss.
- Disposition as one's own: D treated the money as his own to dispose of.
- Disregard of Rights: D acted regardless of the client's rights.
- Intention to Permanently Deprive: This behavior constituted an intention to permanently deprive the client of the money.
- Clarifies s 6(1): Expands the understanding of "intending to permanently deprive" in scenarios where property is risked.
- Focus on Risk: Highlights that knowingly creating a risk of loss for another's property can satisfy the intent requirement.
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