Theft from on high

Can a company director be held liable for theft from his firm? That he can was upheld in the recent judgment in R (On the Application of R) v Snaresbrook Crown Court.

Michael Grant • London Guildhall University

A problem that continues to vex the criminal law is whether it is right and proper to charge a director of a company who appropriates its assets or property with the offence of theft. This remains a problem because of the relaxation, in the true commercial sense, of the doctrine of corporate entity and the notion that the company is a separate individual from the directors and shareholders. The issue was recently discussed in the second criminal case to have arisen out of the unsuccessful takeover of the Cooperative Wholesale Society.