time for thieft

paulap

not seeking legal advice, just wondering how often do people get time for thieft? or if its their first offence do they get off. just wondering what the trend is here
thanks

Profiler

What did they steal? was it a Mars bar from the local shop or was it a Picasso painting from an Art gallery.

Did they do it by force/threat/intimidation or was no other person there when the theft occurred.

Tom Young

Theft

Theft and Related Offences

Theft.

4.—(1) Subject to section 5 , a person is guilty of theft if he or she dishonestly appropriates property without the consent of its owner and with the intention of depriving its owner of it.

(2) For the purposes of this section a person does not appropriate property without the consent of its owner if—

(a) the person believes that he or she has the owner's consent, or would have the owner's consent if the owner knew of the appropriation of the property and the circumstances in which it was appropriated, or

(b) (except where the property came to the person as trustee or personal representative) he or she appropriates the property in the belief that the owner cannot be discovered by taking reasonable steps,

but consent obtained by deception or intimidation is not consent for those purposes.

(3) (a) This subsection applies to a person who in the course of business holds property in trust for, or on behalf of, more than one owner.

(b) Where a person to whom this subsection applies appropriates some of the property so held to his or her own use or benefit, the person shall, for the purposes of subsection (1) but subject to subsection (2), be deemed to have appropriated the property or, as the case may be, a sum representing it without the consent of its owner or owners.

(c) If in any proceedings against a person to whom this subsection applies for theft of some or all of the property so held by him or her it is proved that—

(i) there is a deficiency in the property or a sum representing it, and

(ii) the person has failed to provide a satisfactory explanation for the whole or any part of the deficiency,

it shall be presumed, until the contrary is proved, for the purposes of subsection (1) but subject to subsection (2), that the person appropriated, without the consent of its owner or owners, the whole or that part of the deficiency.

(4) If at the trial of a person for theft the court or jury, as the case may be has to consider whether the person believed—

(a) that he or she had not acted dishonestly, or

(b) that the owner of the property concerned had consented or would have consented to its appropriation, or

(c) that the owner could not be discovered by taking reasonable steps,

the presence or absence of reasonable grounds for such a belief is a matter to which the court or jury shall have regard, in conjunction with any other relevant matters, in considering whether the person so believed.

(5) In this section—

“appropriates”, in relation to property, means usurps or adversely interferes with the proprietary rights of the owner of the property;

“depriving” means temporarily or permanently depriving.

(6) A person guilty of theft is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.

Upper max 10 years.

paulap

thanks a mill was finding it hard to get any info
without going into too much info.......missuse of an atm card thieft of what was in the account. sale of a car person was trusted with the sale and never paid the owner. and finally taking money for a car passing it off as a clean sale, car had been taken from a seller in the north promising money to be forwarded new "owner" unaware of dodgy dealing untill they contacted the gaurds as there was no proof of ownership form
in short innocent person was robbed of nearly 16000 ( the two cars and content of thier account)....
really want to know what are the chances with teh justice system as it is of time for the guitly person

MagicSean

paulap wrote: »

thanks a mill was finding it hard to get any info
without going into too much info.......missuse of an atm card thieft of what was in the account. sale of a car person was trusted with the sale and never paid the owner. and finally taking money for a car passing it off as a clean sale, car had been taken from a seller in the north promising money to be forwarded new "owner" unaware of dodgy dealing untill they contacted the gaurds as there was no proof of ownership form
in short innocent person was robbed of nearly 16000 ( the two cars and content of thier account)....
really want to know what are the chances with teh justice system as it is of time for the guitly person

Chances of a custodial sentence are high. Depending on early plea, cooperation with investigation, wether the money was returned and stuff like that.

ResearchWill

MagicSean wrote: »

Chances of a custodial sentence are high. Depending on early plea, cooperation with investigation, wether the money was returned and stuff like that.

Would agree, if guilty plea entered, serious compensation paid and if reason for theft was some addiction or other, serious effort to deal with problem then good chance of suspended sentence. If not then the defendant is facing time.

Reloc8

paulap wrote: »

thanks a mill was finding it hard to get any info
without going into too much info.......missuse of an atm card thieft of what was in the account. sale of a car person was trusted with the sale and never paid the owner. and finally taking money for a car passing it off as a clean sale, car had been taken from a seller in the north promising money to be forwarded new "owner" unaware of dodgy dealing untill they contacted the gaurds as there was no proof of ownership form
in short innocent person was robbed of nearly 16000 ( the two cars and content of thier account)....
really want to know what are the chances with teh justice system as it is of time for the guitly person

That's very much finely balanced. On quantum its likely to go to the circuit court in which case unless full compensation is paid the person is very likely to get a couple of years gaol time.

paulap

and here is the sticky point. he claims now he has a gambeling addiction, whereas im more along the side of hes a sociopath. other stuff came to light afterwards. no compensation offered family put him in rehab think hes going to play the im an addict couldnt help myself......sadly he did all this while my garnny was dieing. nice bloke.....ps had done it before only he manipulated the poor me card and got money from ladies.....his family paid them off
sadly they never felt i needed to know this:(

Reloc8

Erm yep and he's getting close to being identified.

Look, you may or may not get some sort of closure for the court case. Its up to the judge ultimately.

paulap

yeah your right sorry
thanks for the info

Procrastastudy

As its not been said and it's my party piece ; getting a solicitor just be on the list just above continuing to breath.

pontia

if your googling thieft that could be the problem,its theft

paulap

haha typos.....

Procrastastudy

pontia wrote: »

if your googling thieft that could be the problem,its theft

People who live in glass houses... Start with a capital letter, google the semi-colon and end with a full-stop.

paulap

there ya go we went from theft....to grammer and spelling...:)

pontia

Procrastastudy wrote: »

People who live in glass houses... Start with a capital letter, google the semi-colon and end with a full-stop.

should i know or care who you are ? should that be in capitals

Procrastastudy

pontia wrote: »

should i know or care who you are ? should that be in capitals

Absolutely.