Court of Appeal Wellington
12, 28 May 1976
Richmond, Woodhouse and Cooke JJ
12, 28 May 1976
Richmond, Woodhouse and Cooke JJ
Criminal law — Appeal to Court of Appeal — Misdirection — Question whether accused had appropriated money dishonestly must be left to jury — Accused to act fraudulently must act deliberately and with knowledge of breach of legal obligation — If accused claims he honestly believed he was justified it must be decided whether in all the circumstances he acted honestly — Withdrawal of credit from account into which a cheque had been properly paid by accused not theft of the cheque — Crimes Act 1961, s 220(1)(d), 222.
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