Act 9 Penal Code Act 2008 (a) anything in respect of which a false description is made; or (b) anything which in fact is of less weight, length measure or number, is described as of a certain weight, length, measure or number; shall, unless the contrary is proved, be presumed to have dishonestly concealed the truth, commits an offence and upon conviction, shall be sentenced to imprisonment for a term not exceeding three years or with a fine or with both. Criminal Misappropriation 346. Criminal Misappropriation. Whoever dishonestly misappropriates or converts to his or her own use any movable property, commits the offence of criminal misappropriation, and upon conviction, shall be sentenced to imprisonment for a term not exceeding three years or with a fine or with both. Illustrations— (a) “A” finds a pound on the high-road, not knowing to whom the pound belongs. “A” picks up the pound. Under these facts, “A” has not committed criminal misappropriation; (b) “A” finds a letter on the road containing a bank note. From the direction and contents of the letter he or she learns to whom the note belongs. He or she appropriates the note. Under these facts, “A” is guilty of criminal misappropriation; (c) “A” finds a cheque payable to bearer. He or she can form no conjecture as to the person who has lost the cheque. But the name of the person who has drawn the cheque appears. “A” knows that this person can direct him or her to the person in whose favour the cheque was drawn. “A” appropriates the cheque without attempting to discover the owner. He or she is guilty of criminal misappropriation; 173