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Regina v. Feely

[1973] 2 W.L.R. 201

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Regina v. Feely

England and Wales High Court of Justice, Queen's Bench Division

[1973] 2 W.L.R. 201

Facts

Feely (defendant) was a branch manager for a bookmaking firm. The firm sent a notice to all branch managers indicating that the practice of borrowing from tills was to stop. Nevertheless, Feely took about £30 from a branch safe. When later confronted, Feely said he borrowed the money intending to repay it once his employer paid him approximately £70. Feely was charged with theft of the £30. At trial, the judge instructed the jury that if Feely had taken the money from either the safe or the till it would be no defense for him to say he intended to repay it and that his employer owed him more than what he had taken. Feely was convicted and he appealed.

Rule of Law

Issue

Holding and Reasoning (Lawton, L.J.)

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