"next generation" wrote in message
news:6376a99b-227b-4b8a-9676-82c7b3d7b5c6@e23g2000prf.googlegroups.com...
> On Mar 25, 8:45 pm, "Steve Walker" wrote:
>> Matt wrote:
>> > "next generation" wrote in message
>> >news:32478d41-6b27-45eb-b0eb-e574640585af@e6g2000prf.googlegroups.com...
>> >> On 25 Mar, 19:59, "Janitor of Lunacy" wrote:
>> >>> "next generation" wrote in message
>>
>> >>>news:24b8e35f-d5a2-4858-beaf-127f385f5d46@e6g2000prf.googlegroups.com...
>>
>> >>>> for theft in law the police have to prove that you:
>> >>>> -dishonestly
>> >>>> -appropriate
>> >>>> -property
>> >>>> -belonging to another
>> >>>> -intenting to deprive the other
>>
>> >>>> borrowing amounts to taking for his/her own use and is the same as
>> >>>> outright taking, regardless of whether you planned to return it.
>>
>> >>> It only amounts to an outright taking if, when returned, the
>> >>> bicycle has lost what is called "its virtue"- e.g. taking a season
>> >>> ticket, using it up,
>> >>> and returning the actual piece of card itself still amounts to
>> >>> theft of the
>> >>> season ticket, because when returned it is useless. The same cannot
>> >>> be said
>> >>> of a bicycle, if it's still a bicycle when it is returned.
>>
>> >> I'm sure I've already replied to this, but it hasn't appeared. Your
>> >> wrong on both counts. The intention to deprive happens because the
>> >> victim does not know who took the bike and for what purpose and has
>> >> not given consent for it to happen. Consent is the main issue. Unless
>> >> you knew the person and could argue implied consent, it's theft.
>>
>> > I agree. IMO I would say that:
>> > If a scrote takes his Dad's car it's TWOC.
>> > If said scrote takes neighbours car, it's theft.
>> > I think it's mostly dependant upon whether the victim and the
>> > perpurtrator know each other.
>>
>> Nope, it's got nothing to do with that. JoL is right.
>
> Unfortunetly he's not. In law if you take something without the owners
> consent its illegal, in this case, ether Theft, TWOC, UTMV or TDA.
>
> A defence is "I was going to return it" but that will not hold much
> water in court.
For theft, this is a defence; for TWOC it isn't. Where on earth did you
study law?
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