Quizzes & Puzzles3 mins ago
Advice/help please?
A and B are in a business partnership together although there is no formal Deed of Partnership. They trade as ABC. As ABC they undertook a job that they had quoted for etc. The did the job for Mr Smith on 1 of May. Over the weekend of 4, 5 and 6 of May A enters their business premises and clears it out, stops bank accounts, etc (presumably this dissolves the partnership?). On 8 May A returns to Mr Smith and asks for payment and asks for the cheque to be written to himself, not ABC. Is this a criminal act? Thanks for any help.
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For more on marking an answer as the "Best Answer", please visit our FAQ.It would probably be extremely hard (or probably impossible) to PROVE criminal intent.
Firstly, the CPS would have to show that A intended to PERMANENTLY deprive B of property belonging to him. A could simply say that he was making some temporary arrangements, to the way things were run, while awaiting a settlement of a dispute with B.
Secondly, there's a statutory defence to a charge of theft:
"A person’s appropriation of property belonging to another is not to be regarded as dishonest . . . 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"
A could simply say that he genuinely believed that B owed him a great deal of money, and that he was simply taking what was owed to him. (As long he genuinely believed that he had the right to take the goods and money, even if that belief was ill-founded, he could not be convicted of theft for taking it).
Chris
Firstly, the CPS would have to show that A intended to PERMANENTLY deprive B of property belonging to him. A could simply say that he was making some temporary arrangements, to the way things were run, while awaiting a settlement of a dispute with B.
Secondly, there's a statutory defence to a charge of theft:
"A person’s appropriation of property belonging to another is not to be regarded as dishonest . . . 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"
A could simply say that he genuinely believed that B owed him a great deal of money, and that he was simply taking what was owed to him. (As long he genuinely believed that he had the right to take the goods and money, even if that belief was ill-founded, he could not be convicted of theft for taking it).
Chris
Specimen statement from A:
"The ABC partnership owes me a great deal of money. Far more, in fact, than the amount which was due to ABC from Mr Smith. I received the money from Mr Smith on behalf of the ABC partnership but, in order to avoid unnecessary bank charges, I asked that the cheque be written to me as I was entitled to take all of that money from ABC's account in partial settlement of the debt owed to me".
As I've written above, if 'A' GENUINELY BELIEVED that he had the right to take the money (even if a civil court later ruled that he was not entitled to it) he could not be convicted of theft.
"The ABC partnership owes me a great deal of money. Far more, in fact, than the amount which was due to ABC from Mr Smith. I received the money from Mr Smith on behalf of the ABC partnership but, in order to avoid unnecessary bank charges, I asked that the cheque be written to me as I was entitled to take all of that money from ABC's account in partial settlement of the debt owed to me".
As I've written above, if 'A' GENUINELY BELIEVED that he had the right to take the money (even if a civil court later ruled that he was not entitled to it) he could not be convicted of theft.
Making a court claim online isn't necessarily prohibitive with regard to costs. To see the relevant fees, click 'Money Claim' on the left of this page, and then read down the 'MCOL' column on the right:
http://hmctsformfinde...nder/forms/ex50_e.pdf
Further information here:
http://www.direct.gov...aimformoney/DG_195688
Website here:
https://www.moneyclaim.gov.uk/web/mcol/welcome
http://hmctsformfinde...nder/forms/ex50_e.pdf
Further information here:
http://www.direct.gov...aimformoney/DG_195688
Website here:
https://www.moneyclaim.gov.uk/web/mcol/welcome