Important.....ebay, attempted theft! - Page 2

SteveT63 · 04-01-13, 10:26 PM

Quote:

Originally Posted by moonwatcher

Not wanting to side with the fat prick, but technically I think you could be done for assault, in the eyes of the law you would have to wait until he took the items and then report him for theft etc.
I agree it's effing stupid but that 's the law

Er....... Nope!....

Nierca_Quattro · 04-01-13, 11:47 PM

Quote:

Originally Posted by poor-boy

He fell outside the unit Mr Officer whilst trying to run off with one of my wheels.. He left the wheel behind and drove off - any injuries he has must be from the fall which was self inflicted and I bear no responsability for it.

that's it.

SteveT63 · 05-01-13, 03:42 AM

No need to fabricate the scenario, or wait for the guy to actually steal something before you act!!!...Common Law gives you all the protection you need, providing you are acting with honesty and with such force that would be reasonable.
Let me explain....
The guy arrives at your property with your blessing, at that time he is merely a potential purchaser. At the point he becomes tiresome and you politely ask him to leave and he refuses, he becomes a trespasser. At the point he responds to you request with the threat to steal your property, you can act, IF you feel under threat.
Common Law allows any person to use such force that is reasonable to protect either yourself or your property and to remove that person from your property.....So, if at the point he tells you he is going to take your wheels, clearly without you permission and you have an honestly held belief that you are about to be met with violence or your property is under threat, a punch in the kidney in order to prevent you or anyone you fear may be subject to immediate violence, would be reasonable. It's effect was to stop him carrying out his threat of stealing your wheels and preventing you from maybe being assaulted. He gets up and starts to leave, then you have acted lawfully in my opinion.

If you had followed him down the drive after he had started to leave and continued to fill him in as he was leaving, that is when it becomes an assault and your Common Law protection would have ceased at the point your initial use of reasonable force, had the desired effect of causing the guy to leave. The test is whether you had an honestly held belief that your may be about to suffer unwarranted violence or your feared that someone else would, or your property was about to be taken or damaged. You must then only act proportionately and only with reasonable force that would be required to protect you or remove him from your property.. Swap the guy for an 85 year old pensioner on sticks and your action would be questionable, swap him again for a Hulk Hogan character and your action probably would have probably had to be a tad more persuasive!!!

Mike Boston · 05-01-13, 10:14 AM

sean
fair play to you , getting in first made him back off. if there's just the two of you there you dont want to be the guy on the floor. He was'nt planning on you being a firey little so and so , i hate bullies.
sounds like steve has a good understanding of the law, hopefully you wont find yourself the wrong side of it
all the best mike

sleeper_avant · 05-01-13, 06:34 PM

statement made,
basicaly said i felt physicaly threatened and scared by the blokes attitude etc

done now so what will be will be,

but because he opened his boot when he got out the car the police said he defiantly had intentions of taking the wheels away with him

moonwatcher · 05-01-13, 07:34 PM

Quote:

Originally Posted by poor-boy

He fell outside the unit Mr Officer whilst trying to run off with one of my wheels.. He left the wheel behind and drove off - any injuries he has must be from the fall which was self inflicted and I bear no responsability for it.

Case Dismissed

SteveT63 · 05-01-13, 09:04 PM

Quote:

Originally Posted by Mike Boston

sean
fair play to you , getting in first made him back off. if there's just the two of you there you dont want to be the guy on the floor. He was'nt planning on you being a firey little so and so , i hate bullies.
sounds like steve has a good understanding of the law, hopefully you wont find yourself the wrong side of it
all the best mike

28 years of practice using it!!

Nigel Conniford · 06-01-13, 01:28 AM

Quote:

Originally Posted by SteveT63

28 years of practice using it!!

LOL

1781cc · 06-01-13, 09:27 AM

Quote:

Originally Posted by sleeper_avant

please read what happened to me tonight, be cautious in Essex area lads

http://passionford.com/forum/general...-with-lol.html

Sean

Good job you didn't go for a Pride style face stomp!

sleeper_avant · 06-01-13, 11:40 AM

Lee i was K1 a few yrs ago as i cant stand groundwork but lets not go there eh lol

05-01-13, 03:42 AM	#13
SteveT63 Senior Member Classic Audi Club Member Join Date: Sep 2008 Posts: 3,045	No need to fabricate the scenario, or wait for the guy to actually steal something before you act!!!...Common Law gives you all the protection you need, providing you are acting with honesty and with such force that would be reasonable. Let me explain.... The guy arrives at your property with your blessing, at that time he is merely a potential purchaser. At the point he becomes tiresome and you politely ask him to leave and he refuses, he becomes a trespasser. At the point he responds to you request with the threat to steal your property, you can act, IF you feel under threat. Common Law allows any person to use such force that is reasonable to protect either yourself or your property and to remove that person from your property.....So, if at the point he tells you he is going to take your wheels, clearly without you permission and you have an honestly held belief that you are about to be met with violence or your property is under threat, a punch in the kidney in order to prevent you or anyone you fear may be subject to immediate violence, would be reasonable. It's effect was to stop him carrying out his threat of stealing your wheels and preventing you from maybe being assaulted. He gets up and starts to leave, then you have acted lawfully in my opinion. If you had followed him down the drive after he had started to leave and continued to fill him in as he was leaving, that is when it becomes an assault and your Common Law protection would have ceased at the point your initial use of reasonable force, had the desired effect of causing the guy to leave. The test is whether you had an honestly held belief that your may be about to suffer unwarranted violence or your feared that someone else would, or your property was about to be taken or damaged. You must then only act proportionately and only with reasonable force that would be required to protect you or remove him from your property.. Swap the guy for an 85 year old pensioner on sticks and your action would be questionable, swap him again for a Hulk Hogan character and your action probably would have probably had to be a tad more persuasive!!! __________________ Peace...........through superior acceleration! T85 1985 90quattro I5 20vT T81 1983 80 Sport Red T81 1983 80 Sport Silver

05-01-13, 06:34 PM	#15
sleeper_avant Grown up member Classic Audi Club Member Join Date: Aug 2010 Posts: 39	statement made, basicaly said i felt physicaly threatened and scared by the blokes attitude etc done now so what will be will be, but because he opened his boot when he got out the car the police said he defiantly had intentions of taking the wheels away with him __________________ Couple of Quick Audis and a Rouse Sport Cosworth

06-01-13, 11:40 AM	#20
sleeper_avant Grown up member Classic Audi Club Member Join Date: Aug 2010 Posts: 39	Lee i was K1 a few yrs ago as i cant stand groundwork but lets not go there eh lol __________________ Couple of Quick Audis and a Rouse Sport Cosworth

05-01-13, 10:14 AM	#14
Mike Boston Grown up member Classic Audi Club Member Join Date: Nov 2012 Posts: 26	sean fair play to you , getting in first made him back off. if there's just the two of you there you dont want to be the guy on the floor. He was'nt planning on you being a firey little so and so , i hate bullies. sounds like steve has a good understanding of the law, hopefully you wont find yourself the wrong side of it all the best mike