Jersey Judgment

Marriott v Att. Gen. [1987] JLR 285 (23 September 1987)

Criminal Law Fraudulent Conversion Entrustment Property Management

Citation: [1987] JLR 285
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal / Judgment

More details

Posture: Criminal / Judgment

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Professional case brief

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Source document

Holding and result

A person is considered 'entrusted' with property for the purposes of fraudulent conversion if they obtain control in circumstances that create obligations of care and management.

Court disposition

judgment for respondent

Material facts

Parties

Marriott

Applicant

Attorney General

Respondent

Procedural history

Posture

Criminal / Judgment

Questions and positions

Legal issues

Whether a person is 'entrusted' with property for the purposes of fraudulent conversion when they obtain control in circumstances creating obligations of care and management.

Party arguments

Applicant: The applicant contended that they were not 'entrusted' with the property within the meaning of the law.
Respondent: The respondent argued that the applicant was entrusted with the property as they obtained control in circumstances creating obligations of care and management, such as acting as curator of the property of an interdict.

Court’s reasoning

Legal principles

01
[1987] JLR 285

A person is 'entrusted' with property if they obtain control in circumstances creating obligations of care and management, for example as curator of property of an interdict.

Ratio, limits and disposition

Ratio decidendi

A person is considered 'entrusted' with property for the purposes of fraudulent conversion if they obtain control in circumstances that create obligations of care and management.

Court disposition

judgment for respondent

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Judgment

[1987] JLR 285

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[1987] JLR 285

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