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Macleod and the offence of defrauding the company in one-person businesses: the divergence between legal principle and logic widens

journal contribution
posted on 2003-09-01, 00:00 authored by J McConvill, Mirko Bagaric
The recent High Court decision in Macleod v R establishes that a director and sole shareholder may be convicted of fraudulently applying a company's property even though the person has consented to the personal use of the company's property. It is contended that while this decision is consistent with the weight of precedent, it is wrong in principle. The decision implies that corporations are not only separate legal entities, but that they are highly virtuous legal entities -- incapable of being imbued with the dishonest intentions and activities of the individuals controlling the company.

History

Journal

Australian journal of corporate law

Volume

16

Issue

1

Pagination

53 - 64

Publisher

Centre for National Corporate Law Research, University of Canberra

Location

Belconnen, A.C.T.

ISSN

1037-4124

Language

eng

Publication classification

C1 Refereed article in a scholarly journal

Copyright notice

2003, Reed International Books Australia Pty Limited trading as LexisNexis

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