The defendant on a theft charge was a signatory on an account and caused money to be transferred to other accounts.
Held: The instructions to the bank had caused the transfers, and the defendant had therefore misappropriated the credit balance by assuming the right to that balance. The offence had taken place.
Judges:
Evans LJ, Clarke J, Brian Walsh QC
Citations:
[1997] EWCA Crim 661, [1997] 2 Cr App R 445, (1997) 161 JP 459, [1997] Crim LR 761
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals) HL 10-Jul-1996
The appellants were said to have made false mortgage applications. They appealed convictions for dishonestly obtaining property by deception.
Held: A chose in action created by an electronic bank transfer was not property which was capable of . .
Cited – Regina v Graham, Kansal, etc CACD 25-Oct-1996
The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe.
Held: After studying the authorities at length, the court felt that the various . .
Cited by:
Distinguished – Regina v Briggs (Joan) CACD 12-Dec-2003
The defendant appealed her conviction for theft. She had involved herself in the sale of an elderly relatives house and arranged for a new house to be bought in her and another name.
Held: Hilton was to be distinguished. There, the defendant . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 06 July 2022; Ref: scu.150116
