The defendant, a police woman, had received an overpayment of wages. She recognised it as such. She did not withdraw any part of he money, but did not return it. She was accused of theft.
Held: A conviction for theft was possible even though the money had not been wihdrawn. A debt owed by the bank to the customer is a chose in action, which is ‘property’ and as such capable of being misappropriated or misapplied. The defendant had a legal obligation to return the sum.
Citations:
[1985] QB 182, [1984] Crim LR 570, (1984) 79 Cr App R 288, [1984] 3 WLR 686
Jurisdiction:
England and Wales
Crime
Updated: 11 May 2022; Ref: scu.565343