Moynes v Cooper: 1956

moynes_cooper1956

A workman received a paypacket containing andpound;7 more than was due to him but did not become aware of the overpayment till he opened the envelope some time later. He then kept the andpound;7.
Held: Where the accused received property innocently but later decided to fraudulently appropriate it, this was held not to be larceny. There was no animus furandi at the moment of taking.

Citations:

[1956] 1 QB 439

Statutes:

Larceny Act 1916 1(2)(i)

Cited by:

CitedRegina v Gilks CACD 27-Jun-1972
The appellant had placed a bet at a betting shop on a certain horse. A horse with a similar name won, but by mistake the shop paid out on the bet. The appellant knew of the mistake, but refused to return the winnings. He now appealed against his . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 15 May 2022; Ref: scu.539759