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Garda acquitted of theft

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    #32
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    [Deleted User] wrote: »
    Section 8 theft and fraud offences act.

    http://www.irishstatutebook.ie/2001/en/act/pub/0050/sec0008.html#sec8

    And nearly all are drunk muppets that you deal with. The majority can be resolved without arrest but some people just can't exercise some cop on.

    8.—(1) Subject to subsection (2), a person who, knowing that payment on the spot for any goods obtained or any service done is required or expected, dishonestly makes off without having paid as required or expected and with the intention of avoiding payment on the spot is guilty of an offence.

    I reckon the above is something the garda could use to arrest him. the garda must know he would never prove the crucial element of dishonesty.

    The passenger is a twat but he is not a thief. The Garda was faced with a **** sandwhich he was never keeping everyone happy.


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    #33
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Zambia wrote: »
    8.—(1) Subject to subsection (2), a person who, knowing that payment on the spot for any goods obtained or any service done is required or expected, dishonestly makes off without having paid as required or expected and with the intention of avoiding payment on the spot is guilty of an offence.

    I reckon the above is something the garda could use to arrest him. the garda must know he would never prove the crucial element of dishonesty.

    The passenger is a twat but he is not a thief. The Garda was faced with a **** sandwhich he was never keeping everyone happy.

    That one is more applicable to run offs.


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    #34
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    [Deleted User] wrote: »
    That one is more applicable to run offs.

    I agree if the passenger took off, no issue in a charge there


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    #35
    braddun
    Banned (with Prison Access) Posts: 1,221 ✭✭✭braddun


    6.25 is only the price of a pint


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    #36
    pah
    Registered Users Posts: 3,386 ✭✭✭pah


    braddun wrote: »
    6.25 is only the price of a pint

    Yikes! I'd hope to see a few coppers from a tenner for a couple of pints. Where are you drinking?


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    #37
    hierro
    Registered Users Posts: 142 ✭✭hierro


    My preference is

    Payment of fares, etc.
    56. A person shall not refuse or omit to pay to the owner, driver or conductor of a public service vehicle any sum which is payable by such person to such owner, driver or conductor for the hire of the vehicle or the fare for his carriage in the vehicle.

    http://www.irishstatutebook.ie/1963/en/si/0191.html#zzsi191y1963

    Fare Evasion - Section 8 theft and Fraud - 5% of the problem
    Fare Opposition/dispute - Pay fare and take complaint to regulator or fail/refuse to pay see above, 95% of problem.

    A bit simplistic. Since the complaint above, I never directly get involved in settling a fare.

    This is was another example of the carte blanche attitude to anything GSOC throw in front of the DPP.


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    #38
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Taxi regulation act 2013. Can't find if that 56 has been revoked.

    http://www.irishstatutebook.ie/2013/en/act/pub/0037/sec0029.html#sec29


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    #39
    Xios
    Registered Users Posts: 2,073 ✭✭✭Xios


    I'm with the Garda on this one. He likely had much more important issues to be concerned about in that area, and then he gets caught up in this silly incident with a drunk. He made a judgement call to get rid of the issue and go on to focus his attention on more important issues, like public safety.

    There were other channels for this guy to complain through and wasting Gardai time on the beat is just silly. If i got short changed a euro or two in a pub, ya think a Garda is gonna give a ****e about that if i ran up to them winging? I don't think it's their role, or is it?


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    #40
    Victor
    Registered Users Posts: 78,245 ✭✭✭✭Victor


    Xios wrote: »
    I'm with the Garda on this one. He likely had much more important issues to be concerned about in that area, and then he gets caught up in this silly incident with a drunk. He made a judgement call to get rid of the issue and go on to focus his attention on more important issues, like public safety.
    Then why did he arrest the passenger and detract from those important issues?


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    #41
    mcgarrett
    Registered Users Posts: 376 ✭✭mcgarrett


    Victor wrote: »
    Then why did he arrest the passenger and detract from those important issues?

    Because having tried to resolve the issue sensibly he was then put in a position where he had to arrest.


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    #42
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Victor wrote: »
    Then why did he arrest the passenger and detract from those important issues?

    You mean why did he not ignore the offence in front of him?


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