R v Feely (1973) QB 530 Court of Appeal

The appellant was the manager in a betting shop. He borrowed £30 from the till and maintained that he intended to replace it within a few days. The trial judge held that his actions were clearly dishonest and his intention to replace the money was irrelevant.

Held:

His conviction was quashed. The trial judge should have put the issue of dishonesty to the jury.

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