Moynes v Cooper [1956] 1 QB 439 FACTS: D, a labourer, had an advance on his wage. By mistake, the advance was not deducted from his wage packet at the end of the week. D discovered this when he arrived home and then decided to keep the full wages. HELD: His conviction for larceny was quashed. Ownership of the money passed when it was given to him. At this time he had not formed the dishonest intention to keep the money. The TA 1968, s 5(4) provides:

'Where a person gets property by another's mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds.'