Slattery v The King

The appellant, Slattery, was convicted of larceny by a bailee under section 125 of the Crimes Act (N.S.W.). The prosecution alleged that Slattery, acting as an agent, received money on behalf of another and, by failing to account for a balance, fraudulently appropriated it. The case was heard by Griffith C.J., Barton and O'Connor JJ.

The central legal issue before the High Court was whether the appellant's conduct constituted larceny by a bailee within the meaning of section 125 of the Crimes Act. This required the Court to consider the nature of the bailment relationship in the context of an agent receiving money and the elements of fraudulent appropriation.

The Court held that the relationship between the appellant and the person on whose behalf he received the money was one of bailment. The appellant had received the money as a bailee, with the obligation to account for it. His failure to do so and the subsequent appropriation of the balance were found to be evidence of a fraudulent intent, satisfying the elements of larceny by a bailee. The appeal was dismissed.