Property Offences
Criminal Breach of Trust (CBT)
CBT charges under s.405–409 of the Penal Code arise when someone entrusted with property — an employee, agent, director or trustee — is alleged to have misappropriated it. Convictions carry heavy custodial sentences and lasting professional consequences.
How I approach it
We dissect the entrustment relationship, examine the company's own records, and probe whether the alleged misuse was, in truth, a documented commercial transaction. Many CBT cases collapse once the underlying contracts and authorisations are properly placed before the court.
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- Simple CBT (s.406 Penal Code)
- CBT by clerk or servant (s.408)
- CBT by public servant, banker, agent or director (s.409)
- Abetment and conspiracy in CBT offences
What is at stake
Section 406
Imprisonment of up to 10 years, with whipping, and liable to a fine.
Section 408
Up to 14 years' imprisonment for CBT committed by an employee against an employer.
Section 409
Up to 20 years' imprisonment, with whipping, and a fine — the gravest CBT provision.
Defences I build
Authority and consent
If the alleged dealing was authorised — expressly or impliedly — by the entrustor, no offence is committed.
No dishonest misappropriation
Honest commercial use, even where outcomes are disputed, does not amount to criminal misappropriation.
Civil dispute, not crime
Many CBT complaints are weaponised commercial disputes. The proper forum is the civil court, not the dock.
Common questions about Criminal Breach of Trust (CBT)
An employer can lodge a complaint, but the decision to charge rests with the Deputy Public Prosecutor. We intervene early to present the commercial context before charges are framed.
Most CBT offences are bailable, though the bail amount is often substantial in high-value cases. We prepare detailed applications to keep the figure realistic.
A conviction can trigger disqualification under the Companies Act or professional body rules. Defending the criminal case is the first line of defence for your career.
Confidential consultation
Facing a criminal.items.cbt.shorttitle charge?
Time is the most valuable thing you have right now. Speak to me early, in confidence, and let us plan the response together.
Discuss your case