In Progress
Lesson 1, Topic 77
In Progress

Abuse of Position {s4}

Section 4 of the Act states that a person is guilty of an offence if they are in a position of trust and responsibility for a person’s financial interests and they dishonestly abuse that position with the intent to gain for themselves or cause a loss for someone else.

While this section covers fiduciary relationships similarly to s3, it is not restricted to these – it also covers employer/employee and principal/agent relationships, as well as within families.

Both Gale [2008] and Woods [2011] cases deal with the situation of an employee being in a position where they can take advantage of their employer’s resources for their own personal benefit.

This section does not define the meaning of “abuse”; however, it makes clear in s4(2) that the abuse does not need to be a positive act by specifying that omissions are also included.