The defendant was owed money (£7) by a woman. He went to ask her for it and a fight developed between the defendant and the woman's husband. During the fight a £5 note dropped out of the husband's pocket. The defendant picked it up and kept it. He was convicted of robbery and appealed.
Held:
Conviction was quashed. There was no theft under s.2(1)(a) since the defendant had an honest belief that he was entitled to the money.