@Mr. Flounderbout

[slobodan]

Henry, can I ask you a question about a point of law on possession?

[BioHazard]

10 months to five years

http://www.thegooddrugsguide.com/info/penalties.htm

[slobodan]

10 months to five years

http://www.thegooddrugsguide.com/info/penalties.htm

Ah, but that's British law.

This 'offence' didn't take place there.

[flounderbout]

Henry, can I ask you a question about a point of law on possession?

You certainly may, though I don't do criminal law (and certainly not international criminal law). Now if you'd been sued for patent infringement, I'd be your man!

But pm me and I'll see if I can help.

[slobodan]

Thanks Henry, It was an incident that happened last night.
I had partaken in quite a bit of 4:20 and the munchies followed on like a train.
Anyway, when I came home last week after being in the UK I brought quite a lot of chocolates (tins of cadbury's heroes etc)
These were for the kid's New Year presents, stocking fillers and so on.
So, last night, I pretty much ate the lot!
Cue the wife to start moaning and saying "they were the kid's presents"
But were they?
Surely they were mine up until the point of exchange (i.e. New Year)
Where do stand on this?

I suffered from indigestion all night, could I use that as mitigating circumstances?

[Rustinho]

Isn't possession nine tenths of the law?

[Wolfracer]

You certainly may, though I don't do criminal law (and certainly not international criminal law). Now if you'd been sued for patent infringement, I'd be your man!

But pm me and I'll see if I can help.

Is present infringement similar?

[Koi]

nah not theft if there was no intention to permanently deprive as you were going to replace them all along wasn't you

[flounderbout]

Thanks Henry, It was an incident that happened last night.
I had partaken in quite a bit of 4:20 and the munchies followed on like a train.
Anyway, when I came home last week after being in the UK I brought quite a lot of chocolates (tins of cadbury's heroes etc)
These were for the kid's New Year presents, stocking fillers and so on.
So, last night, I pretty much ate the lot!
Cue the wife to start moaning and saying "they were the kid's presents"
But were they?
Surely they were mine up until the point of exchange (i.e. New Year)
Where do stand on this?

I suffered from indigestion all night, could I use that as mitigating circumstances?

Yes I see your predicament. An excellent question.

The sweets belonged to you. You were therefore entitled to do with them as you please.

Your wife's complaint that they were the kids' presents is important. If the complaint is construed to mean that the sweets belonged to the kids, it is plainly false. Ownership would, as you suggest, only pass at New Year.

If on the other hand it is construed as meaning that the sweets were intended to be used as presents, well quite so. But there was no legally binding obligation on your part to maintain that intention, absent a contractual agreement. Demand that your wife sets out the terms of any such contract on which she wishes to rely. In any event it is hard to see what consideration she provided under any such agreement. And it is trite that absent consideration there is no contract.

I suspect that your wife knows this full well, and is attempting to force you to provide more sweets either so she can eat them, or give them away, perhaps to the aforementioned kids. There seems to me to be a strong case for arguing that this is an attempt to obtain property by deception, and thus theft. What she is looking at sentence wise depends on her previous. I would have thought a custodial sentence would be appropriate, especially if you can work in a rioting connection.

Hope this helps.

[Predictable Bob]

Unlike Flounderbout I am not a trained lawyer and my only legal knowledge comes from my youngest son who has managed to complete about 10 weeks of his LLB so far HOWEVER I would like to suggest that Slobby considers the probable consequences of continuing this action ...

In similar cases that I am familiar with the other party has carried out some or all of the following:

1. Withdrawal of 'privileges'
2. Ceased provision of basic services
3. Installed MiL on long term basis
4. Installed alternative provider
5. Modified wardrobe with the aid of shears
6. Modified the accused with sharp and/or blunt objects including removal of portions of the male anatomy


Good luck Slobby - you're going to need it !


PS
Who's running the book on the result ? I'm tempted to put a tenner on hospitalisation

[slobodan]

The sweets are irreplaceable (unless I get a trip to the west)

My argument this morning started on the fact that I am saving the kids from..
1. Obesity
2. Their teeth falling out.
3. indigestion.

I settled in the end for a Plea Bargain.
I admitted guilt and went and dug a hole for the caravan that she's been honking on about.

I will be giving the 4:20 a miss today.