so i have my ex boyfriends xbox 360 and i have had it for almost a year now, maybe more. i am willing to give it back to him and have offered several times for him to come and get it, and then he never does and never calls me, and then even forgets that i have it!
so if i decided to just keep the xbox would it be a crime, or am i just lucky to have such a stupid ex?
Answers:
consider yourself lucky to have such a stupid ex. Its not like your hiding the fact that you have it. Tell him if he ever wants it he can come and get it, if not its his loss, not your responsibility to take it to him
keep it - he doesn't sound interested at all in speaking to you or collecting it - after a year, he probably has bought a new one.
no just keep it if he has not collected it its yours if you dont want it just send it to me i will make use of it lol
It's not a crime if you are willing to give it back and he can't be bothered! Hold on to it but if he wants it just give it back. Simple!
keep it
If you haven't already, cover your bases by telling him in writing that you have the toy and that he is welcome to come and collect it if he wishes. Email would suffice as long as you keep a copy. That way he will not, at some time in the future, be able to accuse you of theft. If you leave it as a voice notification you will have no proof of your honourable intentions should the police come knocking on your door in - say - three years' time.
just keep it in case he decide one day he wants it back, then you are not guilty of theft
Basically in UK law you are not stealing it by keeping it has you can take it he has abandoned his rights to it a bit like if someone leaves an hairbrush in an hotel room and doesn't return after a reasonable length of time it is reasonable to assume they have abandoned it.
Theft - in essence "dishonestly appropriating property belonging to another with the intention to permanently deprive..."
(1) It would probably be dishonest of you to keep it, as you know it's not yours and it has not been given to you. Would the reasonable person think that what you did was dishonest? Would you think, in light of this, that what you did was dishonest? Probably yes.
(2) keeping the x-box would most likely amount to appropriation for the purposes of the Act - you would be effectively taking control of it and treating it as yours to utilise or dispose of as you thought fit
(3) It's not your x-box and you know it - it is property belonging to another (your ex's).
(4) to intend to keep it would probably be "with the intention to permanently deprive".
This would include a scenario in which you tried to or actually sold it, "lent" it to somebody else without permission, damaged it, used it or kept it to the point that it became worthless, or destroyed it.
As there is absolutely nothing to suggest that he has either at any time expressly or impliedly given the x-box to you, I strongly suggest that, despite your ex's reticence to come and get it that you do NOT consider it yours and/or decide to keep it.
Ignore the saying "possession is 9/10ths of the law" - it's the type of c rap that people who know nothing about the law trot out - normally as some kind of pathetic excuse for committing theft.
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