Being safe on the internet (was Re: Here we go again - ISP DPI, but is it interception?)
james2 at jfirth.net
Mon Aug 2 14:37:13 BST 2010
Clive D.W. Feather wrote:
> Ian Batten said:
> > I don't follow the argument. Tescos have a policy of always
> > prosecuting shoplifting, as theft. Theft requires that the goods
> > left the shop.
> Nitpick: theft requires that there be an intent to permanently deprive.
> It is a lot easier to convince a jury that said intent exists if the
> is stopped after leaving the shop, but the offence is committed as soon
> they put the item in their bag without the intent of paying.
Thank you, this is my point. That even though technically an offence
*could* have been committed at the stage the item is taken and hidden from
view, it is clearly in everyone's interest not to involve the police at this
I for example am absent minded and have on several occasions picked up a
small product, such as a battery, and continued to walk around the store. A
few times I've found myself without forethought placing the item in my
pocket, only to recover and purchase the item. I have never to this date
proceeded to leave the store.
I don't think it's in the public interest to involve the police at the first
sign of anything that *might* be a crime. The smart thing for any company
to do would be to monitor the situation; to wait and see, using my analogy,
whether the intent translates into a clear crime as the shoplifter leaves
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