Regina v. Feely
Court of Appeal
[1973] 2 W.L.R. 201
Relevant factsFree
Feely (defendant), a bookmaking-firm branch manager, took about £30 from a branch safe despite a company-wide notice banning employees from borrowing from tills. When confronted, Feely said he meant to repay the money once his employer paid him roughly £70 he was owed. At trial, the judge instructed the jury that intending to repay the money, or being owed more than was taken, was no defense, and Feely was convicted and appealed.
IssueFree
Whether it is for the jury, rather than the judge, to determine whether a defendant who takes money from his employer without permission acted dishonestly, without treating an intent to repay as an automatic defense.