M asked his employers for, and was given, an advance on his wages of £6 - 19s - 6.5d (£6.98p) the full wage being £7 - 3s - 4d (seven pounds and sixteen pence). The same day a wages clerk, unaware of the advance, made up M's weekly pay packet to £7 - 3s - 4d and gave it to M. At this time M did not know how much was in it, but discovered this later and kept the money. He was charged with stealing £6 - 19s - 6.5d and convicted of larceny.
He appealed.
Held
Appeal allowed, conviction quashed
M was not guilty of larceny (theft after the commencement of the Theft Act 968), at the time of the appropriation he was not aware that he was taking the money.
Note
He was still liable to repay the money under civil law, but did not commit a criminal offence.
