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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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If a school going 17 year old presents a (badly written) stolen

Customer Question

If a school going 17 year old presents a (badly written) stolen cheque to a retail shop for a large sum of money (850 euro), and the cashier in the shop cashes the cheque without any purchase being made and without any questions - who is responsible? The cashier or the 17 year old or the parent of the 17 year old who's cheque was stolen and made out to 'cash'?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

The 17 year old has committed the criminal offence.

I suppose you could argue that the cashier has been negligent in not noticing the bad forgery but no more than that.

If you are asking who can be sued to recover then the better claim is against the 17 year old.

I'm very sorry if this is bad news.

Can I help further?

Jo
Customer: replied 3 years ago.

The cashier, when approached was quite arrogant. She 'knew' the boy was 21-22 years old and was a plasterer or a brickie. He was a very young 17 year old who had just lost his father to cancer.


 


I feel some of the responsibility at least has to rest with her. You cannot cash your own cheque without your cheque card, there is a limit to the amount you can cash in a cheque in one transaction even with your card, and yet for a stranger who bought nothing in the shop she handed out 850 euro without a thought,


 


How can a 17 year old without a job pay back the 850 euro? - which was of course long gone before the parent discovered what had happened.

Expert:  Jo C. replied 3 years ago.
I'm very sorry but the fault lies with the person who presented the forged cheque whatever his mitigation.

I do realise that he isn't a good financial option to sue but that doesn't mean you can recover from a person who is not liable and is arguably another victim of this 17 year old.
Customer: replied 3 years ago.

FOR JOMO1972.


 


Thanks for your help, though it's not really what I wanted to hear. However I always understood that 18 was the age of legal responsibility and that an under-18 year old would not be legally responsible and accountable, though he was obviously in the wrong for what he did,


 


Thanks again for your help

Expert:  Jo C. replied 3 years ago.
Not for a criminal offence. The age of criminal responsibility is 10

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