Hi, I Believe I Might Be Arrested For Handling Stolen Goods..

[lilly123456]

i found a box of items at the side of the road - the box itself had no markings on and inside there was no delivery note or any documentation of where they had come from - there was also no delivery address or retun to sender address on the outside of the box - i took them home and didnt have a clue what they were so eventually tried to sell them on a auction site, stupid i know as the company have now got in contact, and threatening legal action - i explained i just found the box that i was willing to return it to them.. the total amount its worth is probably £300 ish. whats the worst that can happen? as now im really worried

[tonyav]

Got to ask, if you didn't have a clue what they were how did you discribe them on Ebay ?.

[Baldric]

Was just going to ask the same thing myself, doesn't make sense!

[lilly123456]

just explained the title on the boxes.. ended up being a baby comforter.. however i never heard of the brand before.

[-Talbot-]

stupid i know as the company have now got in contact,


?

[lilly123456]

the outer packaging had no markings on or anything but inside they were little boxes of items. i never heard of anything like that before so i waited in case anybody came for them, i waited weeks, i just tried to get rid of them, stupid i know

[-Talbot-]

How on earth would anyone come for them?
The would need special powers!

[lilly123456]

what my question is, is can it be handling stolen goods if they were stolen, they were just found?

[tonyav]

They would have to prove that you stole them I think. Otherwise it would be just their word against yours.

[ladyalex]

It can be 'Stealing by finding'

[-Talbot-]

https://en.wikipedia.org/wiki/Theft_by_finding

Nothing makes sense about your story.

[SirOracle]

How could the Company come for them.? Had you reported your "find" to anyone.?

[AlwaysConfused]

If you have offered to return the goods, I don't see the company going any further. How did they find out you had the goods?

[Pete65]

"Just found"!!!
Found and kept, and trying to sell, is theft!
You stole the goods.

[Baldric]

///How did they find out you had the goods?///

///tried to sell them on a auction site,/// might have something to do with it

[Buenchico]

You can't be convicted of handling stolen goods unless you knew or believed that the goods had been stolen (rather than just lost). [Section 22(1), Theft Act 1968].

You might be charged with theft but person isn't guilty of theft "if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps" [Section 2(1)(c), Theft Act 1968].

So, if you were to be charged with stealing the items you might have a valid defence (but I'd recommend taking a solicitor's advice as to whether it would actually stand up in court).

If you were convicted of stealing the items then (unless you've got a long history of dishonesty or you're currently subject to a suspended prison sentence) there's no way that you would be sent to prison. You'd probably just end up with a Community Order (i.e. unpaid work) and have to pay a court fee, a 'victim surcharge' and legal costs.

[-Talbot-]

They must be ver special 'baby comforters' for anyone to spot them on a auction site Baldric.

[Gromit]

How can they prove the items you were trying to sell are theirs?
If the items were unmarked, how did they manage to track you down?

[Baldric]

Gromit

///tried to sell them on a auction site,/// might have something to do with it

[Davemano]

I agree with Talbot that nothing makes sense with this story and that we only know 'some' of the facts. If you didn't know what they were, which is hardly believable, you could have asked someone. What did you advertise them as.
Having said that, there is some confusion about any criminal activity. The only way a person can be guilty of Theft by finding is if it can be proved that by taking reasonable steps the owner can be traced, and this does NOT include taking it to a Police Station, as most people think.

[Davemano]

sorry BC - crossed posts
I believe the heading on this post gives a clue. Who put it into your mind that you might Be Arrested for Handling Stolen Goods. Did someone get you to advertise for the on EBay. .