Help re shopliftting acusation.

[Stua7x]

hey i need help and cant figure out how to start my own post.


aniways i was in a shop and my fone rang. holding a swiss role i stupidly slid it up my sleav (havin huge sleaves on my jacket) and answerd the fone after paying for my other goods the store assistand tries 2 hit me over the head with a wine bottle he pickd off the shelf remebering where i had the item threw it dwn onto the floor and ducked. the next day i saw him he said it was all captured on cctv and i would be facing a 80 pound fine, the police have the tape. i dnt see how this is possible. i didnt leave the store and the owner of the small shop ended up with my money and the original goods i had paid for. he also attempted 2 assault me, does ani1 knw where i mite stand on this after all i reli dont want my parents being contacted by the police. do you think they will take it ani further??

[pt2537]

Hi there

Just to clarify, You paid for the goods yes? did you attempt to leave the shop without payment? merely concealing goods does not in its self constitute theft

the Theft Act 1968 states as to the definition of theft

1. Basic definition of theft.
— (1) A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.

merely concealing the goods does not constitute theft if you had intention of paying for it and did so before trying to leave the shop

It would depend upon the actual facts of your case as you do not disclose everything which we would need to know, it is hard to say for certain, but if you paid for the good before leaving, and then the shop assistant attacked you, depending upon the level of injury sustained, you would have a claim for assault and or battery at least

But at this point i am merely speculating, we need to know a little more i think first

Regards

Paul

[The GodMother]

Well if the police do have the tape then i hope the shop owner gets done as well as that is at least assult i think.

Just see what happens i think.

[littlesally]

Originally Posted by pt2537

merely concealing the goods does not constitute theft if you had intention of paying for it and did so before trying to leave the shop

I was arrested and charged with 'attempted shoplifting' for having items in my bag.

I have to say that was a pretty weird thing to do, usually I put things down to answer the phone. I am not surprised it was thought you were going to shoplift, but I would think the shop keepers reaction would prevent him involving the police.
If this is your first offence you will probably get a caution. If not then keep denying it.

Sally x

[pt2537]

Originally Posted by littlesally

I was arrested and charged with 'attempted shoplifting' for having items in my bag.

I have to say that was a pretty weird thing to do, usually I put things down to answer the phone. I am not surprised it was thought you were going to shoplift, but I would think the shop keepers reaction would prevent him involving the police.
If this is your first offence you will probably get a caution. If not then keep denying it.

Sally x

Hi Littlesally

the point here is that no theft had occurred so the actions of the shop keeper were a clear assault

With regards to a caution, i have to say, no offence has been commited in law so a caution is unacceptable clearly, a caution is a punishment for commiting an offence,

Theft is quite a tricky subject as there needs to be the guilty mind "the intention to permanently deprive " and the "Dishonesty" and the prohibited act or action which is the "Appropriation of Property belonging to another"

to establish dishonesty in theft is a nightmare too

In R.v Ghosh [1992] QB 1053 dishonesty is subject to a test which states

1 Was what was done dishonest according to the ordinary standards of reasonable and honest people

2 did the defendant realise that the reasonable and honest people regard what he did as dishonest

If the answer is yes to either then the person is dishonest, however if no then the person isnt


then you have the issue of intention to deprive

so it is a real mine field, infact i watched a store detective in the shopping centre where i was security manager a few years ago do what appeared to be apprehending a shoplifter, in fact the store detective was arrested for assault and was taken to court for damages etc

what happened, was this middle aged chap walked into Newlook and picked up an item and walked out, as he walked out the store detective jumped on him

after the dust had settled it turned out that his wife who was disabled, couldnt get into the store in her wheel chair was sat outside in the mall, he was taking the garment to her to show her and didnt think he was doing any wrong, which he wasnt as such as he did not intend to deprive ownership of the goods

[littlesally]

Originally Posted by pt2537

Hi Littlesally

the point here is that no theft had occurred so the actions of the shop keeper were a clear assault

I can only speak from my experiance, which is that I was charged with attempted shoplifting,
The theft had not occured in my case either.
I never knew that there was such a charge at the time, thought you had to actually leave the shop with the item.

Sally x

[The GodMother]

Sally i would assume that as i had not heard of the offence either that it did not exist.

[littlesally]

I thiught they made it up, but that was the charge read out in court and it's on my CRB.
I didn't make a fight about it. I was guilty
Sally x