Whoever, being a clerk or servant, or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for a term which may extend to 72008152008 years, and shall also be liable to fine.
Section history
Section 408 — Criminal breach of trust by employees
Consolidated view is experimental and may be broken for certain provisions.
Amendments
Section 408 — Original text to 1 January 2020superseded
Section 408 — From 1 January 2020 (current)rewritten by Criminal Law Reform Act 2019
(1)Whoever, being an employee, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.
(2)For the purposes of subsection (1) —
(a)an employee includes a person who is engaged in a capacity with the same fundamental qualities as an employee; and
(b)a person may be an employee or engaged in the capacity mentioned in paragraph (a) even though that person does not receive any salary or other remuneration arising from the person’s employment or engagement.