Boat Missing From Brinklow Marina - 58 Foot - Jessie - Index 51039

[MtB]

1 minute ago, WotEver said:

And the test for taking and driving away was ‘have the wheels rotated at least one revolution?’

 

You clearly know a lot more about it than me 

[TheBiscuits]

4 minutes ago, Mike the Boilerman said:

I wonder if a charge of taking and driving away of a boat would succeed...

 

2 minutes ago, WotEver said:

And the test for taking and driving away was ‘have the wheels rotated at least one revolution?’

Probably not then if it has a tiller and a morse lever.

Didn't they change that to Taking Without Owners' Consent?

I seem to remember it being referred to as TWOC-ing.

[WotEver]

5 minutes ago, Mike the Boilerman said:

 

You clearly know a lot more about it than me 

A bunch of guys in my year at school got done when their joyride ended in a ditch near Gatwick airport. 

4 minutes ago, TheBiscuits said:

Didn't they change that to Taking Without Owners' Consent?

I seem to remember it being referred to as TWOC-ing.

Yes, I think they did. 

[MtB]

I once had a rather lovely red Mini Cooper ‘S’ which suffered a similar fate. 

[Ray T]

23 minutes ago, Athy said:

Isn't there a lesser offence called "Taking and driving away" which covers such situations?

Whatever the circs, it's good news that the owners have got their boat back.

Deleted as already mentioned.

Edited March 23, 2018 by Ray T

[NigelMoore]

30 minutes ago, WotEver said:

And the test for taking and driving away was ‘have the wheels rotated at least one revolution?’

No; at least one person has to be in the car. It you towed it away and dumped it, you would not be guilty of stealing even under the 'joy riding' clause as the law is worded - happened to me several times.

[Mike Todd]

51 minutes ago, WotEver said:

There certainly used to be. It covered so called ‘Joyriders’. 

twocing?

[WotEver]

1 minute ago, Mike Todd said:

twocing?

Yup, already mentioned. 

[lameduck]

I think it's the members of this Forum who have been taken for a ride - apparently ' Jessie '  was advertised for sale on Apollo Duck as recently as December 2017 - the ad has been taken down but the reference number was 550259 so it would be easy enough for the powers that be to obtain details from Apollo Duck as to who placed the advert and who responded if there is any need to establish this.  It's getting a bit near to April 1st so rather than skulduggery I suspect tomfoolery may be the explanation in this instance,

Les

[Athy]

Unlikely, I think. The report was posted by a respected forum member. It quoted an announcement of the theft by a CART official. The police were aware of this crime. Which of those three do you suppose was pulling our collective leg?

[Jess--]

1 hour ago, NigelMoore said:

No; at least one person has to be in the car. It you towed it away and dumped it, you would not be guilty of stealing even under the 'joy riding' clause as the law is worded - happened to me several times.

the roadworks crews used to move cars that were in the way by putting a shovel under each tyre and sliding the car to wherever they wanted it (sideways in a gap 2 inches wider than the length of the car was a favourite)

The police were called several times but as no damage had been done to the vehicle and it had been moved without gaining entry their view was "no crime has been committed" usually followed by "have fun getting your car out of there"

[Athy]

4 minutes ago, Jess-- said:

the roadworks crews used to move cars that were in the way by putting a shovel under each tyre and sliding the car to wherever they wanted it (sideways in a gap 2 inches wider than the length of the car was a favourite)

The police were called several times but as no damage had been done to the vehicle and it had been moved without gaining entry their view was "no crime has been committed" usually followed by "have fun getting your car out of there"

"Police with shovels attended the scene".

[john6767]

So no inforaton about where exactly it was out of the water, and what was happening to it?

[Rickent]

47 minutes ago, lameduck said:

I think it's the members of this Forum who have been taken for a ride - apparently ' Jessie '  was advertised for sale on Apollo Duck as recently as December 2017 - the ad has been taken down but the reference number was 550259 so it would be easy enough for the powers that be to obtain details from Apollo Duck as to who placed the advert and who responded if there is any need to establish this.  It's getting a bit near to April 1st so rather than skulduggery I suspect tomfoolery may be the explanation in this instance,

Les

What has the fact that the boat was up for sale in 2017 got to do with anything, please explain.

[mrsmelly]

3 hours ago, RLWP said:

I think I'll try that with your van. Take it and park it up somewhere without telling you where. Sounds like I'd be in the clear

You would be in the clear as Mike rightly says the intention of permenantly depriving the owner of it is required. You would probably be done for T.W.L.A as in Taking without lawful authority or T.W.O.C Taking without owners consent.

[Naughty Cal]

1 minute ago, mrsmelly said:

You would be in the clear as Mike rightly says the intention of permenantly depriving the owner of it is required. You would probably be done for T.W.L.A as in Taking without lawful authority or T.W.O.C Taking without owners consent.

Or just get a slap on the wrist and told not to do it again.

[WotEver]

1 minute ago, Naughty Cal said:

Or just get a slap on the wrist and told not to do it again.

He’s not The Messiah, he’s a very naughty boy!

[mrsmelly]

1 minute ago, Naughty Cal said:

Or just get a slap on the wrist and told not to do it again.

Sadly very true but if you caught the scumbag and slapped him/her you would undoubtedly end up in court on an assault charge.  Two things have to be proved to make a case of theft. The first is that you Dishonestly appropriated the property then that your intention was to permenantly deprive the other ( owner ) of the said property. If you get in a car to drive home with no intention of keeping it there is no offence of theft. Similar with a boat but would be a tad harder to sort out.

[RLWP]

2 minutes ago, mrsmelly said:

Sadly very true but if you caught the scumbag and slapped him/her you would undoubtedly end up in court on an assault charge.  Two things have to be proved to make a case of theft. The first is that you Dishonestly appropriated the property then that your intention was to permenantly deprive the other ( owner ) of the said property. If you get in a car to drive home with no intention of keeping it there is no offence of theft. Similar with a boat but would be a tad harder to sort out.

In how obscure a place could I park Mike's van and get away with it? A road in Kenilworth, a layby in the Orkneys, Birmingham Corporation bus garage, the bottom of Lake Windermere?

 

Edited March 23, 2018 by RLWP

[mrsmelly]

Just now, RLWP said:

In how obscure a place could I park Mike's van and get away with it? A road in Kenilworth, a layby in the Orkneys, the bottom of Lake Windermere?

 

As is not unusual the Theft act has many flaws. The first thing that MUST be proved is that your INTENTION was to permenantly deprive Mike of the van. Whatever you do with it if you can make a jury believe ( easily done ) that you only took it for a laugh and it unfortunately rolled into the lake for instance then there is no offence commited.

[RLWP]

2 minutes ago, mrsmelly said:

As is not unusual the Theft act has many flaws. The first thing that MUST be proved is that your INTENTION was to permenantly deprive Mike of the van. Whatever you do with it if you can make a jury believe ( easily done ) that you only took it for a laugh and it unfortunately rolled into the lake for instance then there is no offence commited.

Mikes going to have a damp van

[mrsmelly]

1 minute ago, RLWP said:

Mikes going to have a damp van

If we ever meet for a beer ask me to tell you the true story of my best mate who borrowed my shotgun and had two other legaly held guns who killed his wifes boyfriend and also shot her but she survived. He was found not guilty of murder for the boyfriend and not guilty of attempted murder on his wife, they were both very good friends of mine and its an interesting tale and proves two things mainly one being how guiilible a set of jurors can be and how money enabling you to be able to afford a top barrister helps massively in our " fair " justice system.

[Rickent]

1 hour ago, mrsmelly said:

If we ever meet for a beer ask me to tell you the true story of my best mate who borrowed my shotgun and had two other legaly held guns who killed his wifes boyfriend and also shot her but she survived. He was found not guilty of murder for the boyfriend and not guilty of attempted murder on his wife, they were both very good friends of mine and its an interesting tale and proves two things mainly one being how guiilible a set of jurors can be and how money enabling you to be able to afford a top barrister helps massively in our " fair " justice system.

That sounds like a tale, everyone round to smellys for a beer.

[mrsmelly]

Just now, Rickent said:

That sounds like a tale, everyone round to smellys for a beer.

Yes the full story is interesting. The fact that I was a serving bobby at the time he did it with my shotgun was to say the least quite embarrasing for me at the time.

[rusty69]

1 hour ago, mrsmelly said:

If we ever meet for a beer

I'm on my way 2000 pints should cover it. (congrats on your 2000 reputation points BTW)