The decision in A-G Ref (No 1 of 1983) (1985) was reinforced in R v Shadrokh-Cigari (1988) in that withdrawing money that had been mistakenly deposited in a bank account is regarded as appropriation falling within the scope and ambit of section 1(1) of the Theft Act 1968.
In R v Shadrokh-Cigari (1988) the bank mistakenly deposited £268,000 into a child’s account when the actual amount of the deposit should have been £268 and the guardian withdrew the money using bank drafts signed by the child. The guardian was charged with theft.
It was decided that the actions of the guardian were in breach of section 5 (2) of the Theft Act 1968 with regards to property subject to a trust and section 5 (4) of the Theft Act 1968 with regards to receiving property by mistake and that the defendant had an obligation to return the property to its rightful owner.
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