( User )
Re:Theft (Posted on: 2009-11-27 09:30:28)
I hope members with prosecution experience - from the police or cps will answer this question. Of course there may be a case for prosecution but there would have to be enough to persuade the CPS. Have a look at this offence and the CPS guidelines here: http://www.cps.gov.uk/legal/s_to_u/theft_acts_incorporating_the_charging_standard/ This link for the twofold test set out in R v Ghosh http://www.bailii.org/ew/cases/EWCA/Crim/1982/2.html and the theft act 1968 http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1204238 .
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Theft by Appropriation, Is the following a crime? (Posted on: 2009-11-26 21:53:14)
In August 2007 I met a professional dominatrix via an advertisement and
had some seessions with her. We subsequently became friends and from
January 2008 we started seeing each other regularly. At all times she
took the dominant role and I was submissive to her. She told me her
identity and gave me information about herself, her property, her job
etc. I subsequently found out that everything she had told me was a lie
and that she was living on benefits.
During the months that we
saw each other she gradually increased her influence over me until she
had absolute control over me mentally. It got to the point where in
August I tried to commit suicide. After this point the level of
domination got a lot more intense and she exerted full control over me.
Most of our communications were done by email or text message.
After my overdose she created 2 email accounts for us to use when
communicating. There was a part of me that was still concerned that she
might not have been who she said she was and for this reason I
installed some software on my laptop which allowed me to gain access to
her emails so I could try and find out more about her.
Septermber I gave her 80,000 which she had asked for in cash. This was
meant to be my contribution to our future life together and she said
she had a friend who was a financial adviser who could invest my money
In November 2008 she broke off communication with me for
a month and in December she found out I had access to her emails. We
temporarily made up but she demanded more money and also demanded
something legal that would cement her power over me. After confiding in
a friend who made me see sense I refused her demands and demande my
money back. She did not respond and instead went to the Police and
falsely alleged harrassment. After a 5 month investigation I was
cleared byt was given a caution for computer misuse.
On the face
of it no crime seems to have been committed as I gave her the money of
my own free will although I was under her undue influence.
having looked into it some more it seems that Theft by Appropriation
has been committed as it has been shown that whether or not consent has
been given is irrelevant. (Lawrence v. MPC, R v. Morris, DPP v. Gomez
& R v. Hinks)
Is this a crime or not?
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