Thistle
Well-Known Member
Tierra, whereabouts is your horse, can I help, I'm in N Herts.
When loaner won't give the horse back....
- Thread starter tye_bo
- Start date
Toby_Zaphod
Well-Known Member
Cariad....it isn't going equipped..... going equipped encompases having with you articles for use in the pursuance of theft, burglary or cheat. Just because you enter premises by force or otherwise does not automatically become burglary. You are not stealing as it is your own property you are removing & the present holder of the property is definately not a bailee. Cheat does not come to it either.
To commit burglary you have to enter a building as a trespasser with the intention of committing theft, damage, inflicting GBH or Rape ( I won't include the second part of the definition as it isn't relevent). There would be no theft as you were removing your own property. There would be no damage as damage to make entry does not constitute damage for the purposes of that particular offence. As you may be aware you must prove every point of an offence otherwise that offence has not been committed. As for cropping off the padlock, that is why I say take another one with you to replace it. There is no court that would ever convict you of that bit of criminal damage. It is also unlikely that the Police or CPS would ever sanction a charge. I stand by what I have said.
To commit burglary you have to enter a building as a trespasser with the intention of committing theft, damage, inflicting GBH or Rape ( I won't include the second part of the definition as it isn't relevent). There would be no theft as you were removing your own property. There would be no damage as damage to make entry does not constitute damage for the purposes of that particular offence. As you may be aware you must prove every point of an offence otherwise that offence has not been committed. As for cropping off the padlock, that is why I say take another one with you to replace it. There is no court that would ever convict you of that bit of criminal damage. It is also unlikely that the Police or CPS would ever sanction a charge. I stand by what I have said.
Tierra
Well-Known Member
She was in the Buxton area of Derbyshire. If the rumours are correct, the people still live in the vicinity of that area.
I just miss her so much
Theres photos of her on my blog:-
http://dressage.wordpress.com/category/myself-and-my-horses/
Need to scroll down a bit, shes the second down, called Bliss.
I just miss her so much
http://dressage.wordpress.com/category/myself-and-my-horses/
Need to scroll down a bit, shes the second down, called Bliss.
tye_bo
Well-Known Member
Toby_Zaphod - it isn't a padlock it's a big metal locker and I would imagine to break into that you would have to cause considerable and most likely irreparable damage to it to get in without a key. Something like this http://www.intercounty.com/3_shelf_tall_extra_strong_cupboard.html
Tierra - I will pm you
Tierra - I will pm you
archoak
Well-Known Member
As jhoward says they are helpful, give it a go
vieshot
Well-Known Member
If it were me, id go and get it right now, with a few butch men just incase things get nasty
echodomino
Well-Known Member
Just go and get her. A friend of mine put her horse out on loan, had an agreement and they wouldn't give him back. She contacted the police and they told her to go and get him back herself, they would go if she needed help. She got her partner and a couple of friends to help her and although she didn't get all of her tack back she did get him back. She went and took him at night when no one was around.