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R v Shadrokh-Cigari [1988] Crim LR 465

A bank mistakenly credited £268,000 into a child's account rather than £268. The defendant, the child's guardian, took money out of the account with bank drafts signed by the child.

Held:

The defendant was liable for theft as under s.5(1) the bank retained an equitable interest in the drafts and under s.5(4) he was under a legal obligation to return the money received by mistake.
 
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