Allenby (Benjamin) v HM Advocate: HCJ 30 Nov 1937

allenby_hmaHCJ193711

The appellant had been convicted of embezzlement im the course of hisbusiness acting as a fish sales agent. He paid all receipts into a common fund for payment on to the trawler owners, but had used part of the fund to make loans to some trawler owners.
Held: He had acted scrupulously, but unwisely. He would have been wiser to use distinct acconts, but the actions did not amount to embezzlement. The appeal was allowed.

Aitchison Lord Justice Clerk
[1937] ScotHC HCJAC – 2, 1938 JC 55, 1938 SLT 150
Bailii

Scotland, Crime

Leading Case

Updated: 10 November 2021; Ref: scu.279169