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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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When an employee is walking through the building at which

Customer Question

When an employee is walking through the building at which they are employed and are carrying some goods belonging to the company which they do not have any permission to do,at what point is this considered to theft.Regards Stan
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this. Did they ever leave the premises?
Customer: replied 3 years ago.

HI,Jo,emloyee did leave the premises not until approx 1 hour after being stopped on premises, and had been interviewed by senior member of staff.

Expert:  Jo C. replied 3 years ago.
Thank you.

A theft is committed as soon as a person misappropriated the goods. So, if he placed something belonging to the company in his pocket for instance, that would amount to a theft unless he is going to argue he intended to put it back which is not credible.

The only relevance of actually leaving the building with the goods is that it becomes easier then to prove that he intended to steal it. Its not part of the offence.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Hi, Jo,Thanks for the reply would I be right to assume he could say he was going to pay as he did offer to pay when stopped. how do I keep for 2 more questions.

Customer: replied 3 years ago.

Hi Jo,I have not received the answer to question2 Stan .

Expert:  Jo C. replied 3 years ago.
I just have to go offline for a couple of hours but I will be able to pick up late tonight if thats ok? If you need an urgent answer just hit relist and one of my colleagues may be able to help. Thanks for your patience.
Customer: replied 3 years ago.

Hi, After the interview the note taker read out what had been said, then passed them to the person concerned who was then asked to read and sign the notes the person concerned stated that he could not read the notes because he could not see it clearly as it looked all blurry to him the
taker then said you know me you can trust me just sign them so he signed them.A copy of the notes is now in his possession together with a formal letter requesting him to attend a disciplinary meeting.

Customer: replied 3 years ago.

Hi, After the interview the note taker read out what had been said, then passed them to the person concerned who was then asked to read and sign the notes the person concerned stated that he could not read the notes because he could not see it clearly as it looked all blurry to him the note
taker then said you know me you can trust me just sign them so he signed them.A copy of the notes is now in his possession together with a formal letter requesting him to attend a disciplinary meeting.The letter also stated he could he could have someone to act as his representative ,either from the trade union or a colleague.Is this correct that these people are the only choice allowed at a disciplinary meeting.Also on the disciplinary investigation form there is a box for the accused representative to sign,it was never mentioned that he could have a rep with him during the meeting, should he have been told he could have rep.Regards Stan

Expert:  Jo C. replied 3 years ago.
Hi

I wouldn't know about that I'm afraid. Thats an employment question and I'm a criminal specialist because your question was about theft.

If you need employment information though you can post another question in our employment section.

I can help with the criminal side.

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