Soldato
- Joined
- 15 Aug 2007
- Posts
- 15,788
- Location
- Outside in the bushes

Where did you get that PIE?!?!?!?!?
You realize that when Asda notice the discrepancy they are going to go straight to the CCTV, don't you?
It might not be theft, reason I think this Is because if you fi to a petrol station, fill up and then go to the cashier with a bag of crisps and give them 70p, if this goes unchallenged its not theft - you have made a reasonable attempt of payment.
The police will simply say its a civil matter and the store would need to start civil proceedings against you. I would think however, removing someone's change is theft though.
Op's situation is very similar to the petrol station scenario, its not theft, who is he to argue if the store wants to give him some money?
It might not be theft, reason I think this Is because if you fi to a petrol station, fill up and then go to the cashier with a bag of crisps and give them 70p, if this goes unchallenged its not theft - you have made a reasonable attempt of payment.
The police will simply say its a civil matter and the store would need to start civil proceedings against you. I would think however, removing someone's change is theft though.
Op's situation is very similar to the petrol station scenario, its not theft, who is he to argue if the store wants to give him some money?
hahaor a
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The theft thing is a little awkward, although in your example the behaviour would actually be caught by s.3 of the Theft Act 1979 (which was enacted mostly to cover petrol station thefts). You can still be a thief anyway notwithstanding that you are willing to pay for goods - it depends on if you have a dishonest state of mind. If you genuinely thought that the petrol attendant was satisfied with the debt by paying 70p then it would just be a civil matter. But let's be realistic - you know you are being dishonest and have paid only for the crisps, not the petrol.
However, regardless of the theft argument the OP has made a false representation to dishonestly make a gain for himself, which is fraud pursuant to s.2(1) Fraud Act 2006. No way out of that one if the offence were charged and the facts as he has admitted proved.