NSW Customer stole money from cash register, legal???

[BruceWayne]

2 customers took money from our stores cash register without authority.
The store is a cafe and they are stating they waited some time for their order, and they could not locate the staff.
The customers then went to the cash register and helped themselves to cash apparently for the order they didn't receive.

Are they legally allowed to take money from a business cash register without authority?

CCTV and credit card details were submitted in a police report to the local police station.

 

[Rod]

No. Self help like this is called theft.

 

[BruceWayne]

Thanks Rod, that's what I had believed. IMO theft is theft.
The male in the CCTV footage has made contact with me and is trying to redeem himself with "we waited an hour for food, couldn't find staff so I took my money from the cash register and left"
OUCH, this is going to be his side of the story to police...

 

[Iamthelaw]

More facts would be needed. Did they request their money back after their food failed to arrive? Was the return of their money refused to them along with no food being delivered? What else occurred?

Are they legally allowed to take money from a business cash register without authority?

In answer to your question:
It depends. Whether or not you 'authorise' it doesn't automatically mean it's theft. What if you purchased something in a store, handed over the money and it was intentionally never given to you?

The person in question is likely to contend that they were not acting dishonestly; that they believed that they had a legal right to get their money back. Again, without more facts it would be hard, if not impossible for anyone, not to mention a Court, to give a definitive answer either way.

 

[Rod]

As dishonesty is an objective test in NSW (CA s4B), then isn't the subjective belief of the person taking money not relevant?

 

[Iamthelaw]

As dishonesty is an objective test in NSW (CA s4B), then isn't the subjective belief of the person taking money not relevant?

The test for dishonesty differs from VIC to NSW and you're correct in that it is an objective one in NSW. My comment regarding belief centered around 'claim of right' type cases, that is cases where one believes they have a right to money/property in hands of another, which based on what has been said, the person is more or less likely to contend. From memory, in such a case the belief is considered albeit subject to other conditions.

 

[Clancy]

The real question is why is the OP is pursuing the case? Did the customer take more money than what they paid? If no, then who cares? seriously? mistakes were made on both sides, your even Stevens, drop it.