Moynes v Cooper: 1956


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.


[1956] 1 QB 439


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.


Updated: 15 May 2022; Ref: scu.539759