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Re: Yarra Trams Article in Sunday Age



"Vaughan Williams" <ender2000@my-deja.com> wrote in message
95q2b8$4h6$1@nnrp1.deja.com">news:95q2b8$4h6$1@nnrp1.deja.com...
>
> > So Vaughan are you trying to tell us that you will not simply walk out
> > the shop with the goods because you "don't think it's reasonable to
> > expect you to miss your train"??
>
> I did at a petrol station once. THe attendant was on a personal phone
> call for several minutes, and I was about 4th in a queue of people
> waiting to pay. I needed to be somewhere, and after 10 minutes or so I
> walked out and drove off.
>
> Since at the time I appropriated the fuel, I intended to pay for it, I
> committed no property offence.

"mens rea" - in order to commit most offences, you have to have criminal
intent.

> They could sue me civilly for the money,
> but I never heard anything more about it.

You could still have been prosecuted for it successfully though, since
failing to pay for goods is one of the few areas where mens rea is assumed.
They do not have to prove that you did not intend to pay when you
appropriated the goods, rather you would have to prove that you did.
Although in the case of a service station, the security cameras would show
it all.

Was it one of your regular service stations? If so, was the guy still
working there after that?

Dave