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The issue that arises is whether this constitutes theft. "Property includes money" within the terms of s.4 (1) and that it belongs to another (former employer) under s.5 (1). Now it needs to be considered whether there has been an appropriation. There is a limited definition of "appropriation" in s.3. This makes clear that the D may appropriated property if there is an "assumption" of the rights of the owner and that this may occur "without stealing" if the property is later kept or dealt with. On the facts of this case the D alleges that the money has been sent to his account. Under s.5 (4), since the money has been paid to his account by mistake, Mike is under the obligation to make restoration of the money or its equivalent value...
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