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#crime #law #theft
A-G's Reference (No 1 of 1983) [1984] 3 All ER 369 FACTS: The defendant, a policewoman, was mistakenly overpaid £74.74 for overtime that she had not worked and the money was credited to her bank account. At the original trial, the judge misdirected the jury to acquit the defendant, therefore the prosecution appealed to the Court of Appeal on a point of law. HELD: The Court of Appeal held that although ownership of the money had passed to the defendant, from the moment she became aware that the mistake had been made, she was under a legal obligation to restore the money. Consequently, by virtue of the TA 1968, s 5(4) [1988] Crim LR 465 for the purposes of the Theft Act 1968, the money would be regarded as belonging to the police authority.
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