ckm1981:
Actrosman:
Couldn’t laddo on the bike/uncle be done for theft by finding if bubbled/spotted etc?It’s only theft if you’ve directly taken it from the place or person it belongs to,“finding” it in a lay-by would be very difficult for any court to find you guilty of theft.
Theft by finding is an offence and is not limited to location.
In this instance the offence is complete as it ticks all the points to prove for theft;
‘Dishonsetly appropriate property belonging to another, with the intent to permanently deprive.’
The finder is aware the property is not his, therefore they are being dishonest.
The finder takes the item, therefore has appropriated it.
The item is a tangible item, therefore it is property.
It is not the finder’s item, therefore it belongs to another.
The finder has the intention of keeping it, therefore the owner has been permanently deprived of it.
Both the driver and the finder could be arrested for theft as they both tick all the points to prove for theft.
The finder would need to demonstrate he took actions to trace / locate / inform the loser, this could be posting a ‘found’ notice on lamp posts, phoning the number on the back of the lorry, reporting it as found property to the police etc.
