Criminal Law > Criminal Defences > Claim of Right

Claim of Right

  • Must be a belief as to the right to the property or money in the hands of another
  • Claim of Right must be genuine, honestly held.
  • Belief must be one of legal entitlement to the property and not simply a moral entitlement
  • Claim of Right must extend to the entirety of the property or money take
  • It is for the Crown to negative a claim of right where it is sufficiently raised on the evidence.