V
Vulpes Argenteu
Guest
On Wed, 19 May 2004 15:44:03 +0100, Richard <[email protected]>
wrote:
>No. However, if someone taps you on the shoulder and says,
>"Hey, I want to nick that nice flatscreen monitor in your
>office. Leave the window open for me and the alarm turned
>off tonight, there's a good chap.", then I contend
>(although I may be wrong) that you're guilty of aiding and
>abetting his theft if you follow his suggestion.
You may indeed be wrong.
The insurance company would be less than impressed. The
police would find a subsequent charge of burglary against
the bad guy much harder to make stick - you have just
provided him with a great defence. Difficult to see how a
crime is being committed unless there is a third party
involved - e.g. your employer owns the office - in which
case you would be guilty.
You might just be found guilty of being stupid.
However, this is an inadequate avenue to explore when
looking for illumination on the original problem. There:
i) You are not involved in any way in the offence,
save for just being there at the time
ii) There is no meaningful communication between
you and the offending driver in order to
establish collusion
iii) You have no established 'mens rea' for the offense -
the act of pulling over is just too easy to
interpret in terms of self-preservation (that's why
I would pull over)
All three of these are present in your burglary example
Cheers
Martin (sandylane.d.c.u)
--
Remove ".spam." from my address to email
wrote:
>No. However, if someone taps you on the shoulder and says,
>"Hey, I want to nick that nice flatscreen monitor in your
>office. Leave the window open for me and the alarm turned
>off tonight, there's a good chap.", then I contend
>(although I may be wrong) that you're guilty of aiding and
>abetting his theft if you follow his suggestion.
You may indeed be wrong.
The insurance company would be less than impressed. The
police would find a subsequent charge of burglary against
the bad guy much harder to make stick - you have just
provided him with a great defence. Difficult to see how a
crime is being committed unless there is a third party
involved - e.g. your employer owns the office - in which
case you would be guilty.
You might just be found guilty of being stupid.
However, this is an inadequate avenue to explore when
looking for illumination on the original problem. There:
i) You are not involved in any way in the offence,
save for just being there at the time
ii) There is no meaningful communication between
you and the offending driver in order to
establish collusion
iii) You have no established 'mens rea' for the offense -
the act of pulling over is just too easy to
interpret in terms of self-preservation (that's why
I would pull over)
All three of these are present in your burglary example
Cheers
Martin (sandylane.d.c.u)
--
Remove ".spam." from my address to email