Man of Honour
- Joined
- 17 Nov 2003
- Posts
- 36,747
- Location
- Southampton, UK
However, if you have been into the store its unlikley the police would proceed with any case as its most likely to be blamed on the cashier as its thier responibilty to secure payment for fuel.
It's not their responsibility legally, however, with theft you have the issue of dishonesty. Theft isn't theft in law unless the act is dishonest. If you got asked but replied no, when you really did have fuel, that is a dishonest act - point proved.
However, if you're not asked, people could use the defence that they forgot or where unaware that they weren't charged the full amount. This would mean that it could be tricky to secure a criminal conviction for theft. This isn't to say the retailer couldn't recover the cost civilly though.