Walgamage vs The Attorney-General – sllr 2000 volume 3 page 001

The case between Walgamage and The Attorney-General addressed whether criminal misappropriation or criminal breach of trust under sections 386 and 388 of the Penal Code requires an initial innocent taking of property, and the extent to which “entrustment” is defined within these provisions. The court determined that an initial innocent acquisition of property is not a prerequisite for conviction under these sections, provided the subsequent misappropriation occurs with dishonest intent. The concept of “entrustment” was held to encompass practical arrangements where property is delivered for a specified purpose, not solely situations involving a technical trust. This interpretation reaffirmed the principle that criminal breach of trust focuses on the existence of dishonesty at the point of