The accused had a savings bank account which held 11 shillings to his credit. He applied to withdraw 10 shillings but the bank clerk made a mistake and entered 8 pounds 16 shillings and 10 pence in the Accused’s deposit book, and stamped it. The Accused took the money, having formed an intent to permanently deprive the Post Master of the money.
Held: Where a person was paid by mistake, here by a Post Office clerk, a sum in excess of that properly payable, the person who accepted the overpayment with knowledge of the excess was guilty of theft.
Citations:
[1873] LR 2 CCR 38
Crime
Updated: 04 May 2022; Ref: scu.539758
