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Sold an iPhone * problems

  • 20-05-2013 4:43pm
    #1
    Registered Users, Registered Users 2 Posts: 108 ✭✭


    Hi so I recently swapped my iPhone 5 for an iPhone 4s with cash my way. I thought it was a fair trade and just inspected the 4s but never put my sim in it. I was told it was 02 Ireland . The only reason I swapped was because the cash with the 4s was good and I was just going to sell on the 4s straight away..
    Anyways another person then txt me about my iPhone 5 and I said it was sold but that I had a 4s... They said they'd take it.... They inspected the phone etc said they were happy enough.. Got a txt the next day saying that the 02 sim wasn't working but that they'd try to get it unlocked ... Now there saying that its a uk network and that it's blacklisted. In all fairness I would give them the money back but I haven't a bean due to bills etc so I told them they could sell it on eBay and practically get most of the money back if not all (I sold it for 270 it's a brand new phone )
    Anyways there threatining guards etc and there's really nothing I can do but whats the legal side of things and am I covered etc? It wasn't me who stole the phone so can I get the blame as I really was unaware ???


Comments

  • Registered Users, Registered Users 2 Posts: 489 ✭✭the world wonders


    It wasn't me who stole the phone so can I get the blame as I really was unaware ???
    Yes. Receiving stolen property is a crime, even if you do not specifically know 100% that it is stolen:
    http://www.irishstatutebook.ie/2001/en/act/pub/0050/sec0018.html
    18.—(1) A person who, without lawful authority or excuse, possesses stolen property (otherwise than in the course of the stealing), knowing that the property was stolen or being reckless as to whether it was stolen, is guilty of an offence.


    (2) Where a person has in his or her possession stolen property in such circumstances (including purchase of the property at a price below its market value) that it is reasonable to conclude that the person either knew that the property was stolen or was reckless as to whether it was stolen, he or she shall be taken for the purposes of this section to have so known or to have been so reckless, unless the court or the jury, as the case may be, is satisfied having regard to all the evidence that there is a reasonable doubt as to whether he or she so knew or was so reckless.


    (3)A person to whom this section applies may be tried and convicted whether the principal offender has or has not been previously convicted or is or is not amenable to justice.


  • Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    sugarman wrote: »
    If i were you op, I wouldnt worry. Buyer berware and all that.

    Caveat emptor is all well and good if he had good title to the phone. If he did not, he could still be liable.


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