As I said above, this is a rare example of when ignorance of civil law is ok. It does not matter how unfounded the defendant's belief is, only that he genuinely believed it, in law. Of course, the more crazy it is the harder it is to persuade a jury.
If he had found the iPad in a park at midnight this defence would be quite easy, as it is it would be interesting, but still worth exploring.
Talking about waste bins, one case held that items in your bin outside have not been abandoned. A bin man could be convicted of theft from a bin on his rounds!
It isn't a criminal case. We did it in land law, but it is used as reference in criminal cases. It is all about a bracelet in an airport waiting room.
6:15? Has Oxford moved?!![]()
Today, I found a half empty cup of coffee. Should I attempt to return it to the original owner? He may of accidentally left it on the table while heading to work...
If I was charged for this I would certainly raise s.2(1)(a). It is a subjective test, the jury must decide what the defendant thought. Not what they, the jury, thinks. If the defendant genuinely believes he has the right to take it, it doesn't matter how silly that is, he is not guilty. If he believes "finders keepers" is law (which in this case it seems he may), and he can persuade a jury that is what he thought, that is all he needs to do. He would not be dishonest in the eyes of the law.
An item may also belong to the airline crew, but that is not automatic. They must have shown an intention to control items on the plane, something like signs saying where to take lost property or regular checks. This would probably be satisfied, but it doesn't change the original point that it is what the defendant thought that would be key here.
This happens all the time, whenever you get too much change in a shop you are guilty of theft when you realise later and keep it, unless this dishonesty point kicks in. Which means I have to return it, as I know I have no right in law to keep it!
Like I said, I'm not saying this isn't a theft under UK law. However, there are some points a defendant could realistically raise to avoid conviction, so to say as you did that "actually, it is theft in the UK" is not necessarily true.
I remember the LL.BI also remember getting a 2:1 in it. I was robbed, should have been a first.
This story has to be fake. I can't imagine anyone is as classless as this guy to go onto a MacRumors forum of all places. Maybe on his Twitter or Facebook. But not MacRumors where he knows he'd get flamed and insulted.
He's just tryin' to stir stuff up. Nothing to see here.
What is the point of this thread?
Robbed? I'd report that. Robbery can lead to imprisonment for life (s.8(2) Theft Act).
I'm doing the GDL, poor man's LLB.
I guess things just calmed down too much for some people on this forum after the 'asian scalper' controversy died out.