Kingdon v The State of Western Australia

The case of Kingdon v The State of Western Australia involved the defendant, Kingdon, who was charged with stealing by virtue of transferring funds from trust bank accounts to her personal account and using the funds for her personal benefit. The issue before the court was whether the bank credits, which were proprietary interests arising from the deposit of funds at a bank, could be considered as 'money' for the purposes of the criminal code. The defendant argued that the bank credits, as a chose in action, did not fall within the definition of 'money'. However, the court construed 'money' in accordance with its common usage, thereby encompassing proprietary interests arising from the deposit of funds at a bank. As such, the court held that the defendant's actions constituted stealing under the Criminal Code (WA), s 371.

The court's reasoning was grounded in the ordinary meaning of the word'money', which includes not only physical currency but also any proprietary interest in funds held by a financial institution. The court held that the bank credits were proprietary interests in funds held by a financial institution, and therefore fell within the definition of 'money'. The court also noted that the defendant's position as a trustee of the trust accounts gave her a fiduciary duty to use the funds for the benefit of the trust, rather than for her personal use. The court concluded that the defendant's actions amounted to a breach of that duty and constituted stealing.

The court granted leave to appeal, but ultimately dismissed the appeal. The court held that the primary judge's interpretation of 'money' was correct, and that the defendant's actions constituted stealing under the Criminal Code (WA), s 371. The court also noted that the defendant's actions had caused significant harm to the trust accounts and the beneficiaries of those accounts. The final orders of the court were to dismiss the appeal and to affirm the conviction and sentence of the defendant.