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The Criminal Justice act (Theft and Fraud offences) 2001 s8 Making Of Without Paymen

  • 20-10-2010 07:36AM
    #1
    Dylan123
    Registered Users, Registered Users 2 Posts: 244 ✭✭


    Hi there,

    I just saw this in the news and wondered if this were to happen in Ireland and the Thief's were caught - would the following apply... (seems like a lenient sentence in respect of the money involved)

    Two men have stolen a diamond ring worth 500,000 euros ($700,000) from French luxury jeweller Cartier in Rome, police say.

    http://www.bbc.co.uk/news/world-europe-11580489

    The Criminal Justice act (Theft and Fraud offences) 2001
    s8 Making Of Without Payment (2 yrs and 3,000 fine)


Comments

  • #2
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Doesn't seem to fit the making off offence. Most likely a Section 4 charge with a maximum of 10 years.
    Making off only arises where payment is expected which couldn't have arisen in this case.


  • #3
    Dylan123
    Registered Users, Registered Users 2 Posts: 244 ✭✭Dylan123


    Hi there,

    Could you explain why please?


  • #4
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    If you eat a meal knowing that you will have to pay afterwards. Or if you get a car wash and dont pay after. It's kind of like theft of something that can't be returned, like a service.


  • #5
    source
    Registered Users, Registered Users 2 Posts: 5,323 ✭✭✭source


    Making off without payment is generally reserved for offences where the person has availed of a service and left without paying for said service.

    Theft S4 CJ(TFO)Act 2001 is the taking of an object with the intention of depriving it's owner of it. I think that's the best way i can describe it in layman's terms.


  • #6
    Delancey
    Closed Accounts Posts: 5,451 ✭✭✭Delancey


    What charges are used for a ' drive off ' from a filling station ?


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  • #7
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    s.4 theft of the petrol,

    s.8 is for things like making off from a taxi without paying the fare.


  • #8
    source
    Registered Users, Registered Users 2 Posts: 5,323 ✭✭✭source


    gabhain7 wrote: »
    s.4 theft of the petrol,

    s.8 is for things like making off from a taxi without paying the fare.

    Agreed, petrol is an object as i outlined above.


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