Claim of Right

The courts are full of cases where someone is said to have taken another's property or money. They range from lower level shop thefts, right through to large scale financial fraud involving millions of dollars. These types of charges are often referred to as 'dishonesty offences', as they involve allegations of dishonesty or deception.

However, it is not always clear who the property belongs to. If you are accused of taking or damaging property, but honestly believed you had a legal right to this property, you may have a defence. You should speak to an experienced lawyer to see if the defence of claim of right applies.

Defence of claim of right

This defence applies when someone holds an honest belief that they have a legal right over money or property they have taken.