Theft by finding!

[Kitty]

Funny how all the bleeding hearts crying about ch 7's ethics have not bothered to mention the woman charged with theft has been charged under a little used law of Theft by Finding, so it seems they are not disputing that she found the docs but alleging that she assumed ownership after finding them which is not allowed.

http://www.news.com.au/heraldsun/story/0,21985,22324929-661,00.html

Police have since charged two people over the theft of the documents after officers seized them in a raid on Seven's Docklands offices.

The woman is alleged to have committed an offence known as "theft by finding".

The documents were reported stolen hours after Channel 7 broadcast allegations of drug abuse at the Melbourne club, citing the medical records as evidence.

Seven named the drugs and the club, but not the players. Those details now cannot be published by court order.

An injunction preventing public identification of the players and other details stands until a further court hearing tomorrow.

 

[Philhawk]

Probably just initially charged with "Theft by finding" (because she actually admitted to this), until the real facts are known.

 

[Mattlowry]

Finders keepers?

 

[Kitty]

Probably just initially charged with "Theft by finding" (because she actually admitted to this), until the real facts are known.

Well its not like they had to charge her to keep her in custody or anything. Why not just charge her with theft, seems odd to be rushing to charge when its such a high profile case.

 

[Kitty]

Finders keepers?

Well there seems to be a law in place that says if you find something you can't just keep it or assume ownership. Have to say I always thought it was finder keepers but obviously not.

 

[yeah-nah]

Theft by finding = joke = media pressure.

Wot crap. U find it, its yours, u sell it. No problemo.

 

[zero]

that would imply that channel 7 paid for stolen property

 

[Total_Juddshanks]

So after getting repeatedly spanked in the 'AFL players a bit rich' thread, you thought you'd try again?

In Victoria-

72 Basic definition of theft
(1) A person steals if he dishonestly appropriates
property belonging to another with the intention of
permanently depriving the other of it.

73(2) A person's appropriation of property belonging to
another is not to be regarded as dishonest—
(a) if he appropriates the property in the belief
that he has in law the right to deprive the
other of it, on behalf of himself or of a third
person; or
(b) if he appropriates the property in the belief
that he would have the other's consent if the
other knew of the appropriation and the
circumstances of it; or
(c) (except where the property came to him as
trustee or personal representative) if he
appropriates the property in the belief that
the person to whom the property belongs
cannot be discovered by taking reasonable
steps.

(3) A person's appropriation of property belonging to
another may be dishonest notwithstanding that he
is willing to pay for the property.
(4) Any assumption by a person of the rights of an
owner amounts to an appropriation, and this
includes, where he has come by the property
(innocently or not) without stealing it, any later
assumption of a right to it by keeping or dealing
with it as owner.

That's not some kind of bizarre, obscure offence, its a definition of stealing which is followed in most other common law and code jurisdictions.

Dunno about Victoria, but the analagous offence is a fairly popular charge used by police in WA, because it's very easy to prove.

It is also not especially relevant to Ch 7's culpability- there is no doubt that at some point the documents were stolen, its impossible to see how ch7 could have believed otherwise. They still went ahead and bought this stolen property, and voila.

 

[mrbehemoth]

I'm amazed there is anyone who thought you can legally keep other people's property if you find it.

Do people think if you stumble across someone else's credit cards in the gutter, you're allowed to use them?

 

[dmc333]

Do people think if you stumble across someone else's credit cards in the gutter, you're allowed to use them?

At least until they're declined.

 

[scottydeewah]

I cant believe people didnt know that? I thought everyone over about the age of 8-10 was aware that you couldn't just clam ownership of something just because you found it.

because it's very easy to prove.

I remember a mate telling me this once. We were discussing another case at the time.

It is also not especially relevant to Ch 7's culpability

This is one of those cases I know Ch7 are going to get away with on a technicality or some crap like that when it is obvious to all and sundry that they knowingly broke the law.

 

[Benno From Berwick]

I'm amazed there is anyone who thought you can legally keep other people's property if you find it.

Isn't that what the British did 200 plus years ago......

 

[frankc]

I'm amazed there is anyone who thought you can legally keep other people's property if you find it.

Do people think if you stumble across someone else's credit cards in the gutter, you're allowed to use them?

Spot on - however we must remember that some of people on this forum have the intellect of a peanut.

 

[bourbons]

Funny how all the bleeding hearts crying about ch 7's ethics have not bothered to mention the woman charged with theft has been charged under a little used law of Theft by Finding, so it seems they are not disputing that she found the docs but alleging that she assumed ownership after finding them which is not allowed.

As someone else said, the police probably know she is dodgy but don't have enough to make a bigger charge stick.

If anyone still thinks this chick 'found' the report in a gutter they've got rocks in their head.

The documents were reported stolen hours after Channel 7 broadcast allegations of drug abuse at the Melbourne club, citing the medical records as evidence.

Yep, and? Thats exactly how the timeline would go; staff member sees report on TV, realises it is their clinic, verifies that documents are missing from the filing cabinet and then reports them stolen.

Theft by finding = joke = media pressure.

Wot crap. U find it, its yours, u sell it. No problemo.

Textbook collingwood

 

[Yashek]

I'm amazed there is anyone who thought you can legally keep other people's property if you find it.

Do people think if you stumble across someone else's credit cards in the gutter, you're allowed to use them?

Well said.

I am struggling to believe that any of these "AFL Players are sooks" threads are being started by people not involved in some way with Channel Seven. Posting history of the people who are starting them (lots of baggin Channel Nine, Caro, etc) would seem to support that.

You work for 7, Kitty, or their PR company?

 

[bigdroppunt]

so she should have put up a signor an ad in the papper saying "found one page of medical records" sat on that for a month and then sold it to seven news and she would have been right. also put yourself in her shoes IF she did infact find this and not steal it i rekon 9/10 people would try and get some $'s for it im suprised she didnt try blackmale the club.

 

[Kitty]

Well said.

I am struggling to believe that any of these "AFL Players are sooks" threads are being started by people not involved in some way with Channel Seven. Posting history of the people who are starting them (lots of baggin Channel Nine, Caro, etc) would seem to support that.

You work for 7, Kitty, or their PR company?

Yes Seven pay me to post on internet forums inhabited by a bunch of self important nerds with no idea. Its a great job!

Seriously I have worked for Seven but I have also worked for Nine and ABC in the past so I don't have any bias towards a particular media organisation.

Just find it very funny how many nuff nuffs are falling for the AFL spin.

 

[bourbons]

Find it very funny you still seem to think this chick found the document in the street.

 

[Kitty]

Find it very funny you still seem to think this chick found the document in the street.

So far that is all she is charged with and she hasn't been found guilty of that yet either. Obviously you were there and know exactly what happened.

 

[Jabso]

Theft by finding is still theft. Sure enough if you find $100 bucks on the ground, but when it is someone's private information, let alone medical it's a whole different moral platform.

I would like it if other media outlets and people would stop their moral judgment on the person who found it though, you never know their circumstances, it could have been her once in a lifetime opportunity to make some much needed moolah you never know.

 

[Penski]

Well said.

I am struggling to believe that any of these "AFL Players are sooks" threads are being started by people not involved in some way with Channel Seven. Posting history of the people who are starting them (lots of baggin Channel Nine, Caro, etc) would seem to support that.

You work for 7, Kitty, or their PR company?

My thoughts exactly.

How many of those in here sticking up for Channel 7 are in some way affiliated with the company? i'm sure there's a few, because no-one would be sticking up for them just for the fact that they like their footy coverage!!! or their commentary team!! or their boundary riders/special comments guys!! or there........well, i could just go on and on!!

 

[Yashek]

Yes Seven pay me to post on internet forums inhabited by a bunch of self important nerds with no idea. Its a great job!

You said it, not me.

Seriously I have worked for Seven but I have also worked for Nine and ABC in the past so I don't have any bias towards a particular media organisation.

Just find it very funny how many nuff nuffs are falling for the AFL spin.

"Self important nerds" including yourself, presumably?

Seriously, in what capacity did you work for 7, 9 and 10? PR and Communications?

 

[shawthing09]

Of course theft by finding is theft and it actually isn't a seldom used law at all. When mobile phone theft was rife when i was in year 7 like 8 years ago, me n my friends found a fone on one of the seats at flinders st my friend put it in his bag and when we got to the top of the esculater there were police waiting for us to inform us of this lil law and give us a little "warning."

 

[Brown n Gold]

Textbook collingwood

No textbook collingwood would be... Unbolt it... throw it on the ground and say you found it...

Or Screwdriver the keyhole, Hotwire it... take it to a mates place for a respray and new number plates and then realise that you should have pinched a BMW or a Merc not a 1984 camry

 

[Yashek]

Interesting that this thread dried up when Kitty was asked directly how he/she had been employed for Channel Seven.

If only their legal team was as careful as their PR people!