ABSTRACT

Two preliminary points may be made in relation to the offence under s 24A. These refer to its fundamental difference from other theft offences. The first is that the general exception provided to the bona fide purchaser, such as that

provided in s 3 of the Act, does not apply here. Accordingly, if a defendant subsequently discovers that money paid into his account had been derived from theft, he is under an obligation to take reasonable steps to secure that the credit to his account is cancelled. The fact that he had no such knowledge at the time the money was paid into his account is irrelevant.109 Secondly, the rule that a person cannot be guilty of handling stolen goods, in the course of stealing them, does not apply to the offence of dishonestly retaining a wrongful credit. The offence, under s 24A, can be committed at the same time as the offences of theft, obtaining a money transfer by deception or blackmail.