10 Ridiculous Urban Legends About The Law You Probably Believe

5. Keeping Incorrect Change After Buying Something Isn€™t Theft

Change ''But, I just took what the cashier gave me. It€™s their fault. Who cares if it was twenty pence out, it€™s hardly anything and that surely can€™t be criminal. I€™ll just keep it rather than handing it back in, it€™s not like anyone will miss it. Besides, theft is of things like computers, and expensive items, and you have to be a really bad person to actively go and steal something from someone. No, keeping change just isn€™t in the same league. It€™s just not that bad.'' As this article in the Guardian demonstrates, whilst keeping too much change might not be fraud, it is certainly within the definition of theft. If you know you have taken too much, and you know this is wrong, and you intend to permanently deprive the real owner of the money, this qualifies as the mens rea for theft (i.e. guilty mind). The taking, keeping or using of another€™s property (the actus reus of the crime, or, criminal action) is qualified by you taking the money. You have committed theft by keeping that change, and however small, someone has lost out as a result of your actions. Be that the shopkeeper who really could have done with that extra money or be it the cashier who might now be blamed for the tills not adding up, you may have just really affected somebody€™s day. As the article states: give it back.
 
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I'm a third year law student at Durham University and avid legal writer for WhatCulture! and for Durham University Pro Bono Society.