Court of Appeal Wellington
8, 31 July 1991
Cooke P, Gault and McGechan JJ
8, 31 July 1991
Cooke P, Gault and McGechan JJ
Criminal law — Offences — Theft by conversion — Goods acquired by company subject to reservation of title clause (Romalpa clause) - Goods included in instrument by way of security executed by accused — Whether accused's belief in ownership of goods could provide defence of colour of right — Whether Crown had established no colour of right when clause authorised sale of goods — Whether clause left open colour of right defence on jury's findings — Whether jury had based verdict on direction that there may have been conversion of accused's company's goods rather than the suppliers — Crimes Act 1961, s 220.
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