Theft by finding

[Tensixty6]

Are there any lawyers in da house?

I was intrigued to learn today that a couple who bought a suitcase from a Beaconsfield Salvation Store will be charged with "theft by finding".

For those that are not familiar with the story, an elderly lady donated the old case to the Salvo Store. It transpires that her husband had sown $100,000 in cash into the lining of the suitcase and either didn't tell his wife or, she forget.

Anyway, a couple from Berwick bought the case a few days later. At some point they obviously discovered the money and split it up and put it in two bank accounts. The Police tracked them down via an EFTPOS receipt and they are to be charged on summons with theft by finding.

This is interesting. It may well have been unethical to keep the money, but that aside, given that they legitimately purchased the case, would they not have legal ownership of anything and everything inside it? It's not as though they found they case by the side of the road, they bought it, legally in every sense.

[Tim]

I would think that in court it would be pointed out that they would have been well aware that the money was in the case by mistake.

Interesting story though. I wonder how many people would keep the money? Most Id think.

[Paul_OH]

Hmmm that's a good one, ethics means a lot to me so when on the few occasions laws and ethics go hand in hand I'm all for it.
On the other hand, if it contained $100K worth of Cocaine I wonder what they would have done with it?

[Tensixty6]

I would think that in court it would be pointed out that they would have been well aware that the money was in the case by mistake.

Interesting story though. I wonder how many people would keep the money? Most Id think.

I'm ignoring the ethics of it. The "right" thing to do would be to give the money back. My interest is, when you buy something, how much of "it" do you own?

[dopey]

Ah well that was their mistake, don't put the money somewhere that it can be traced! Stash the cash and chip away at it slowly :p :lol:

[Mister_duck]

Hmmm that's a good one, ethics means a lot to me so when on the few occasions laws and ethics go hand in hand I'm all for it.
On the other hand, if it contained $100K worth of Cocaine I wonder what they would have done with it?

100k is a shit load of coke, more then what you would find in a case I would guess.

I would have thought that the people that bought the case would have owned it.
now if I had bought the case, i wouldn't have gone and put it in the bank straight away.

[Capercat]

You definitely own the item you bought in good faith (the case), anything other than the purchased item is subject to scrutiny, & in this case the large sum of cash.

This is a rather simple case, there are a lot more complex ones than this.

[Tensixty6]

This is a rather simple case

No pun intended I trust? :lol:

[transporter]

don't think they're legally in the wrong, but if they were decent people they'd offer to give it back anyhow. but then again, who wouldnt be tempted?

[POLARBEAR666]

I think the correct procedure is to declare the money to the police, if nobody claims it then it is yours after a certain period of time.

I think the idea of this offense is to cover a thief going, "but I just found the ring in front of my house."

In their defense, the couple could argue that the property was not lost but abandoned, as it was sold to a salvo's, the people who sold it would have to prove that it was their $100k and not some prior owner who abandoned it inside the case. In this case you can't steal it.

To be abandoned something would need to find be found in a public place, and not in someone's bedroom where they have obviously not given up any intention to possess the item. This is how you can take stuff from a verge collection without being done for stealing. It is in a public place, and the owner has obviously given up the intention to possess the item by making it freely accessible.

[Pharkus]

I see it as a case, I just had to, that on the one hand you obviously have the ethical issue that the money should go back to the elderly couple who made the honest mistake of throwing away $100k. But then, if I went and bought something legally, paid in full etc. should not the property that I have paid for be mine??? Maybe I should sell my house now, then in a few years time go back to the owner and say, "Hey look mate, I hid some value in this house prior to selling and forgot to take it with me. Obviously the price has now gone up, can I please have it back for what I mistakenly sold it to you for?"...I'm sure the answer would be a stern FFFFFFUUUUUUUUUUUUUUUUU.

Here's a fine example of communication between husband and wife. Had they both been communicative about where they stashed their money then the suitcase would not have been donated in the first place. I still can't see how they can lay criminal charges for this. If someone is stupid enough to sell me $100,000 for $10 I would enter into that deal right away.

Now had the couple that found it paid by cash and then stowed the money under their mattress, good luck with tracking that down...

Does anyone wonder why this couple had $100k in a suitcase anyway?

[Tim]

I see it as a case, I just had to, that on the one hand you obviously have the ethical issue that the money should go back to the elderly couple who made the honest mistake of throwing away $100k. But then, if I went and bought something legally, paid in full etc. should not the property that I have paid for be mine??? Maybe I should sell my house now, then in a few years time go back to the owner and say, "Hey look mate, I hid some value in this house prior to selling and forgot to take it with me. Obviously the price has now gone up, can I please have it back for what I mistakenly sold it to you for?"...I'm sure the answer would be a stern FFFFFFUUUUUUUUUUUUUUUUU.

Here's a fine example of communication between husband and wife. Had they both been communicative about where they stashed their money then the suitcase would not have been donated in the first place. I still can't see how they can lay criminal charges for this. If someone is stupid enough to sell me $100,000 for $10 I would enter into that deal right away.

Now had the couple that found it paid by cash and then stowed the money under their mattress, good luck with tracking that down...

Does anyone wonder why this couple had $100k in a suitcase anyway?

A more apt analogy would be if your wife lost her wedding ring down the drain. You then sold the house. 6 weeks later the new owner was able to recover the lost ring from the S bend.
Should the new owner consider that $50,000 Diamond ring their own? Would your wife still consider it hers?

[Tensixty6]

Here's an example of Theft by Finding in the UK. What a joke.

A college student who found a mobile phone while out celebrating his 18th birthday was arrested after handing it in to police.

Teenager Paul Leicester was arrested for 'theft by finding' and detained for four hours.
The Southport College A-level student eventually had the case against him withdrawn but said it was a 'shocking experience'.

Paul said: 'Being arrested isn't a way to celebrate your 18th birthday. What are you supposed to do when you find a phone? I told the last caller I would drop it off at the police station the next day. But they arrested me for theft by finding.'

The teenager was kept by Merseyside Police in Southport police station for four hours and had his fingerprints taken, along with a DNA swab and a photo for police records.

Officers then grilled him for 15 minutes about the alleged 'theft'.

Paul, who is of good character, has a Saturday job at a jewellers and is held in high regard by his teachers.

The former Birkdale High School student, who lives in Seaforth, added: 'I want people to be aware of what happened. I thought I was doing the right thing and had it thrown back in my face.

'I would not go to the police in future. I would arrange for it to be collected by the last caller. All I was doing was the honest thing. It was a shocking experience.'

Paul's father Vinnie Leicester, 37, said: 'I'm disgusted and angry. It should never have happened. Paul's mum and I have brought him up the right way. It's ridiculous.'

A police spokesman explained the complaint of theft was subsequently withdrawn and Paul was released without charge.

[Pharkus]

A more apt analogy would be if your wife lost her wedding ring down the drain. You then sold the house. 6 weeks later the new owner was able to recover the lost ring from the S bend.
Should the new owner consider that $50,000 Diamond ring their own? Would your wife still consider it hers?

You are not by chance called Michael Clarke, or used to have a WAG by the last name Bingle do you?

[Tim]

You are not by chance called Michael Clarke, or used to have a WAG by the last name Bingle do you?

Given how much my girlfriend despises women who make a living out of their looks I doubt it :D (she is an overworked, underpaid scientist)
I always did want to play cricket for Australia though! Unfortunately I just wasnt very good at the game :)

[Pharkus]

Given how much my girlfriend despises women who make a living out of their looks I doubt it :D (she is an overworked, underpaid scientist)
I always did want to play cricket for Australia though! Unfortunately I just wasnt very good at the game :)

Are you good at driving a Gatorade golf buggy to transport drinks. You can always go for 12th man. All the fun with little responsibility.