Section 240Part 9 — Offences Relating to Property
With the intention of permanently depriving the other of it
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240. (1) A person appropriating property belonging to another without meaning the other permanently to lose the thing itself is nevertheless to be regarded as having the intention of permanently depriving the other of it if that person’s intention is to treat the thing as that person’s own to dispose of regardless of the other’s rights; and a borrowing or lending of it may amount to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.
Without prejudice to subsection (1), where a person, having possession or control (lawfully or not) of property belonging to another, parts with the property under a condition as to its return which that person may not be able to perform, this, (if done for purposes of that person’s own and without the other’s authority) amounts to treating the property as that person’s own to dispose of regardless of the other’s rights.