mattyg
new user
Reged: 04/02/2006
Posts: 9
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Not wishing to turn this thread into a law theory forum but: The advice of the police was 'that you can't steal your own property'. You can and Turner is an illustration of this principle. Would the actions be interpreted as dishonest within the meaning of R v Ghosh, I doubt it. However if the current possesor finds property missing and calls the police, there is every likelihood that an arrest will follow, an interview, then another 2 hours awaiting CPS advice or a bail date to return to the police station for advice to be sought. Whilst it is highly unlikely that it would make it to trial, a night in the cells is always best avoided.
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lenseman
regular
Reged: 03/06/2006
Posts: 1415
Loc: South East Coast - United King...
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Sadly, you are again being misleading, perhaps you are a solicitor?
Regina v Ghosh is a straight case of deception (Theft Act 1968) and has absolutely nothing to do with recovery of your own property to which you have title.
http://www.kevinboone.com/PF_lawglos_RVGhosh1982.html
May I suggest you get on with learning how to present pertinent case law correctly and relevant to this particular job and leave the work of recovery to those who know what they are talking about.
You number among the 'doom and gloom merchants' who tend to always give a negative response to requests for help on these forums.
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regards David
"Away Sea-boats crew - Special Sea Dutymen, Close-up"
Skype: lenseman-uk
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mattyg
new user
Reged: 04/02/2006
Posts: 9
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I really don't want to get in to a slanging match. You do seem to have misunderstood the relevance of Ghosh. It is not restricted to the facts of the case, it sets out a test that is applied in all offences were dishonesty forms part of the 'mens rea'. Yes I am a criminal lawyer, although the advice that I offered was not given in that capacity. Am I being negative? I would rather say 'cautious' . A caution that is preferable to arguing the rights or wrongs of a situation at midnight in a smelly police cell. I was reading the forum as I have an interest in boats and to escape the day job. I t was certainly not my intention to get into a brawl with the forums legal expert. Anyway, my final words. Happy sailing.
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DRANNIE
regular
Reged: 05/09/2005
Posts: 330
Loc: End of the Met Line
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ok, you can see what I do in my profile but I'm a civil litigater not a criminal lawyer, this post does not constitute legal advice.
I agree to an extent with the caution about simply taking it as plod may well nick you until they can sort out what has happened. .
a buyer cannot obtain good title in something the seller did not have title to sell. There are probably procedural steps you can take in the admiralty court to 'seize' the boat. PM me and I can suggest a good shipping lawyer who will probably be able to help you for a fixed fee if you ask him nicely. It'll be worth a few hundred quid to do it properly if the boat has a significant value.
THIS POST DOES NOT CONSTITUTE PROFESSIONAL ADVICE AND YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE FROM A SOLICITOR.
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golden14
regular
Reged: 11/03/2008
Posts: 27
Loc: Cowes
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Many thanks for all the helpful replies and those who have PM'd me with advice and support, this man is now known to be a serial conman, but as most villans come back to the scene of their crime I guess right now he has been stood in a sailing bar with someone out there on this forum tonight, it's a trusting community and this is what he plays on. He has conned people for over £100k in Cowes alone in the past six months, so next time some overweight guy in a white and red sailing jacket (no offence meant to ANYONE - but if it triggers anyones memory about a larger than life guy with this description etc. Again no one please take offence just read my/our plight) gets talking to you in the bar claiming to be a property developer, get some info and PM. Then I'll send you the whole story, including going to the funeral of one person he ripped off, not that it would bother him though. Any help in stopping this man would be appreciated, he is out of control, and believes he is above the law.
Thanks for your ongoing support
Edited by golden14 (22/03/2008 00:33)
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bastonjock
regular
Reged: 23/06/2007
Posts: 319
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best of luck golden14,i do however feel for the poor person that has parted with his cash for your boat,bet he thinks that hes got a bargain.I had trouble with a conman about 4 years ago,i smelled a rat the minute i saw him,my business partner did not,anyhow after he tried to con us out of a couple of hundred grand,my partner woke up and we contacted the FBI (the guy was a yank) it took a while but he was eventually arrested on a train in Europe,the yank had apparently conned a lot of people out of large sums,hes doing 10 years in an aids infested New York jail
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3rd battalion glaswegian irregulars
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philip_stevens
regular
Reged: 16/05/2001
Posts: 2433
Loc: near Saint Ives, Cornwall
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What's the latest??
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regards,
Philip
Westerly Owners Association website
http://www.sub-spaced.com
Visit MarinaSkip now
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lenseman
regular
Reged: 03/06/2006
Posts: 1415
Loc: South East Coast - United King...
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No idea!
I have been waiting a reply to my second PM to the loser as he gave me an incomplete mobile phone number. 
--------------------
regards David
"Away Sea-boats crew - Special Sea Dutymen, Close-up"
Skype: lenseman-uk
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philip_stevens
regular
Reged: 16/05/2001
Posts: 2433
Loc: near Saint Ives, Cornwall
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Hope all turns out well.
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regards,
Philip
Westerly Owners Association website
http://www.sub-spaced.com
Visit MarinaSkip now
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reginaldon
regular
Reged: 20/02/2004
Posts: 1405
Loc: kent
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My car -a Hillman Imp broke down (big end) on the M6 near Stoke - many moons ago - my family and I carried on to Stockport I later returned with brother-in-law to collect car from garage for recon engine in M/cr - Garage open, no one around, we removed car, left a note, and drove and towed it away. some week or so later Police turned up at my door in Kent accusing me of theft - I explained situation, they recognised that I had taken myself out of the hands of Motorway ripoff merchants - paid the recovery charges, which were not in dispute and no further action was taken.
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