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rollingstock wrote:Thanks everyone for bearing with me, was a little busy.
Now i must apologise for my earlier statement. When i quoted "by any means necessary" i wrongly attributed this to the MV&RT Act. This was actually the words of a Law Lord of the Privy Council adjudicating on a matter. The exact case law eludes me at this time, it was over ten years ago i researched this so excuse me.
Now for damaging a glass to gain entry to a vehicle to move it or in entering the vehicle and in fact moving it, you are covered under Section 75 of the Motor Vehicle and Road Traffic Act Chapter 48:50.
I quote:Any person who, without the knowledge or permission
of the owner, gets onto or attempts to manipulate any of the
levers, the starter, brakes or machinery of a motor vehicle, or in
any way interferes with or damages a motor vehicle while the
vehicle is on a road or parking place, is guilty of an offence; but
a person shall not be convicted under this section when such
motor vehicle is obstructing his own or another motor vehicle.
rollingstock wrote:To commit an offence there are 2 ingredients, 'mens rea' which is the state of mind/intention, and 'actus reus' which is the actual act itself. Both mist be present to commit a crime.
If your gate is blocked and you break a glass to gain entry to move the vehicle, yes you committed teh act of breaking teh glass, but the intention is not to damage teh vehicle but gain entrance to move it. Hence the ingredients to be convicted for teh offence is missing. And there is where this section will come in giving you the necessary rights to take such action and not be held liable for any consequences.
And according to le Law Lords, in case of emergency 'by any means necessary'
According to them this goes beyond a mere traffic offence to a constitutional right to enjoyment of property and free movement.
rollingstock wrote:What for? You did not take anything.
But this is where common sense is needed. If you enter the vehicle and leave your prints, teh person finds their vehicle broken and stuff missing, vehicle checked for prints and your found, how you proving you didn't take it.
So sometimes even if teh law allows it better to let teh police handle it.
Then again is TTPS "No workable prints found"
María wrote:gulf city mall this afternoon
Rooki3 wrote:lancer driver = too broke to by a proper vehicle
clone101 wrote:I have to deal with this every day,the view is from my drive way facing the cnuts that live on my street ..........
clone101 wrote:I have to deal with this every day,the view is from my drive way facing the cnuts that live on my street ..........
gastly369 wrote:guttering ..... needs... repairs ....
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