Receiving an unexpected payment

chanz4

stclair wrote: »

Abit of light heart reading!!

http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/dishonestly_retaining_a_wrongful_credit/

where you been?

jackjones01

matttye wrote: »

This isn't dishonestly retaining a wrongful credit, it's theft. It sounds like it should be the former, but it's not, because s24A(2A) of the Theft Act 1968 states: -

'[F2(2A)A credit to an account is wrongful to the extent that it derives from—

(a)theft;

(b)blackmail;

(c)fraud (contrary to section 1 of the Fraud Act 2006); or

(d)stolen goods.]'

And s24A(1) states:

'(1)A person is guilty of an offence if—

(a)a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest;

(b)he knows or believes that the credit is wrongful; and

(c)he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled.'

The hypothetical situation the OP refers to is that the credit randomly appears, I.e. The recipient is not expecting the money. It is therefore impossible for the recipient to know or believe that the credit derives from theft/blackmail/fraud/stolen goods and they are therefore not guilty of that offence.

It's plain ol' theft.

So why? was this woman not charged with theft then? It looks as if she was only charged with "dishonesty and retaining a wrongly-credited bank transfer"

http://www.birminghammail.co.uk/news/midlands-news/womans-9000-spending-spree-bullring-6908056