11 May 1988
THE QUEEN v. CHEN DAH SHING
- Citation
- THE QUEEN v. CHEN DAH SHING
- Court
- Court of Appeal
- Case number
- CACC286/1987
Encashment or appropriation of a cheque given to a company discharges the drawer's obligation and thereby extinguishes the company's 'thing in action'; when a defendant dishonestly appropriates that cheque or the payment for his own purposes he appropriates the company's thing in action and is guilty of theft. Falsification of accounting records intended to conceal fraud and to preserve employment satisfies the statutory 'gain' requirement under s19 and s8(2). Convictions are unsafe where material findings are unsupported by the evidence, warranting quashing (charges 1 and 2).