SOLOMON v. REGEM (001) [1923] SLCA 1 (29 January 1923);

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Banking - accounts - larceny - servant's misappropriation of money unlawfully drawn by him from employer's banker not larceny by servant because employer has no property in money in bank account: The property in money deposited in a bank account passes to the bank, the banker being merely the debtor of his customer and not accountable to him as a trustee; so that if a servant, who has authority to draw money from his employer's bank account, misappropriates the money he withdraws, he does not commit the offence of larceny by a servant since the property in the money withdrawn passed from his employer to the bank when it was deposited (page 63, lines 11-38; page 64, line 40- page 65, line 6)

Criminal Law - larceny -elements of offence - taking without consent - no larceny if owner intends property to pass even if would not so intend if knew real facts: It is an essential element of the offence of 5 10 15 20 larceny that goods should be taken against the owner's will so that if the 2 5 owner intends the property in the goods to pass the offence cannot amount to larceny, even if he would not so intend had he knowledge of the real facts (page 65, lines 6-15). 

Criminal Law - larceny - larceny by servant - employer's goods in custody of servant can be subject of larceny by servant - employer has 30 constructive possession and retains property in them: Since an employer retains the property in his goods and has constructive possession of them while they are in the custody of his servant, it is possible for the servant to steal goods which are in his custody (page 63, lines 1-4). 

Law Report Citation: 
1920-36 ALR S.L. 59