Nisbet v R - [2011] 3 NZLR 4

Criminal law — Theft — Elements of crime — Theft by person in special relationship — Meaning of requirement to deal with property — Role of contract, fiduciary relationship — Whether needs and interests of the promisee required are sufficient to establish “requirement” — Crimes Act 1961, s 220.

Criminal practice and procedure — Juries — Role of judge and jury in determining requirement to deal with property — Crimes Act 1961, s 220.