1)
The Intent- First, a Person must Knowingly Misappropriate the
Money, and cannot commit the Crime by making a Mistake or Error. A
Person who misappropriates Funds does not have to intend to actually
physically take the Money. It can be enough for the Prosecution to show that
the Defendant intended to take any action that results (or would likely
result) in the Misappropriation of Funds. In some instances, the Defendant
must know the action is illegal; while in other instances, the Defendant only
has to act intentionally and does not need to know that the Conduct is
Criminal.
The Act of Conversion. In order to commit Misappropriation of
2)
Funds, a Person must not only take the Money, but must use it for his own
purposes. However, this does not require that the Defendant actually took
the Money and used it to buy something or otherwise spent it. Courts have
held it enough that to transfer the Money to a Bank Account or even to
refuse or fail to hand over the Owner's Money when the Owner demands it
constitutes Conversion.
3)
Return. A Person who misappropriates Funds with the intent to later
return the Money to the rightful owner is still Guilty of Misappropriation. It
also does not matter if the Misappropriation only lasted for a short amount
of time.
Furthermore, it is not enough to establish that the Money has not been
accounted for or that it was mismanaged. It has to be established that the
Defendant had dishonestly put the Property to his own use or to some
unauthorized use. See the case of Y.O. BAKARE & 2ORS VS THE STATE PER
COKER JSC SC. 338/67; LC VOL. 1 2004 AT PAGE 173, where His Lordship
held that the necessary Criminal Intent under Section 16 of the Penal Code
had to be proved. It is the wrongful conversion or dealing with anything by
the Person to whom it has been entrusted. Dishonest Intention to
Misappropriate is a crucial fact to be proved to bring home the Charge of
Criminal Breach of Trust.
Suffice to say at this point that a clear understanding of the Principles
governing Misappropriation shows that there must be an intentional and
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