Re: Car Clamped
- From: Cynic <cynic_999@xxxxxxxxxxx>
- Date: Tue, 01 Jul 2008 11:55:11 +0100
On Mon, 30 Jun 2008 20:04:15 +0100, "mert1639"
<mert1639@xxxxxxxxxxxxxxx> wrote:
The only thing that is pertinent is whether the court believes that*I* don't think it's unreasonable to assume permission from the milkie to
you had a *genuine* belief that you had implied permission to take the
goods. The facts of the matter are irrelevant - all that matters is
your belief at the time.
The more unlikely such a belief is, the less likely it is that the
court will believe that you had that belief.
A person might be believed if he were to state that he thought he had
implied permission to borrow his father's car. But if he stated that
he had a genuine belief that he had a similar implied permission from
a total stranger, I doubt a court would accept his story.
take a pint providing you left the money. If he was there the chances are
that he'd sell you the pint.
It might be reasonable, it might not. That depends upon the
individual case. The prosecution may be able to show that the
defendant should have known that such a thing was not acceptable -
perhaps he had done it before and the milkman objected, for example,
or perhaps signs on the milk float made it clear that the milk on the
float was not for general sale to the public.
Absent any prosecution evidence to the contrary, then yes, I would
agree with you that the defendant may well have held the requisite
belief, and so I would not convict.
The fact is that we know is that in the case in question, the milkman
reported the matter to the police, so it is certain that in that
particular case the milkman was *not* happy to sell the milk. But
that is irrelevant wrt the person's guilt, because it is the
defendant's belief rather than the milkman's wishes that are the crux
of the matter.
--
Cynic
.
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