Discussion
(thanks to Jacko Lah's pheasants)
Another urban myth?
Jacko Lah was indicating he may take run over pheasants home.
I've heard a theory that if you hit and kill a deer that you cannot take the carcass with you. BUT - a car following up behind has the right to remove said carcass and enjoy a slap up feast.
Discuss!
Another urban myth?
Jacko Lah was indicating he may take run over pheasants home.
I've heard a theory that if you hit and kill a deer that you cannot take the carcass with you. BUT - a car following up behind has the right to remove said carcass and enjoy a slap up feast.
Discuss!
206xsi said:
(thanks to Jacko Lah's pheasants)
Another urban myth?
Jacko Lah was indicating he may take run over pheasants home.
I've heard a theory that if you hit and kill a deer that you cannot take the carcass with you. BUT - a car following up behind has the right to remove said carcass and enjoy a slap up feast.
Discuss!
As I understand it, if you hit something and take it, it's classed as poaching. If you hit it, and someone else takes it, then that's just good timing, especially if the person collecting is a mate who knows a good butcher!!
hughesie2 said:
Discuss!
If you'd hit a deer i'd doubt you'd have much of a car left to carry the carcass off in...
Except if you're in a Landy Defender. They were designed to kill deer it seems.
Couldn't possibly comment about the mate following, or the pub with a good kitchen.
hughesie2 said:
Discuss!
If you'd hit a deer i'd doubt you'd have much of a car left to carry the carcass off in...
We had a stag come over a hedgerow about 10 years ago whilst we were "playing" in my mates Sierra at about 2am ... nowhere to go (grass banks up either side of a single lane track) so we hit it square on.
It came through the windscreen and broke its neck on the A pillar and ended up resting half on us and half on the dash/bonnet ... we got out by reclining the seats and getting out the back doors.
Phoned up my mates dad to come and rescue us and he turned up with the trailer for the deer. ;-)
Phil
)What we have here is a case of reducing something like a wild deer - which is not property as defined under the Theft Act 1968 - into possession. However as has been pointed out, if you are responsible for killing the deer and you take it you could be liable to theft, but I doubt whether you would be dealt with for it.
The problem comes with deer that are farmed (struggling for a better phrase) and those could technically already be classed as property i.e. they are not wild in the same sense as non-farmed deer. If you were to hit one of the latter deer and drive off with the carcass, I think you may if you were caught, be in some bother.
As for the person following behind, well a possible explanation for the folklore bit maybe that once the deer has been killed - reduced into possession - then technically it is now property and can be stolen. However should the person reducing the deer into possession then abandon the carcass i.e. drive away and leave it, the next person who comes along and takes the carcass away has a defence in law to theft.
Tivster
The problem comes with deer that are farmed (struggling for a better phrase) and those could technically already be classed as property i.e. they are not wild in the same sense as non-farmed deer. If you were to hit one of the latter deer and drive off with the carcass, I think you may if you were caught, be in some bother.
As for the person following behind, well a possible explanation for the folklore bit maybe that once the deer has been killed - reduced into possession - then technically it is now property and can be stolen. However should the person reducing the deer into possession then abandon the carcass i.e. drive away and leave it, the next person who comes along and takes the carcass away has a defence in law to theft.
Tivster
I studied the pheasant case in law at uni - it referred to an old statute which went along the lines that you could not kill a pheasant with any "machine" (I forget the exact phrase)
Anyway - it turned out that as the statute was passed before cars existed, a car couldn't be classed as a machine for the purposes of the statute hence it was not a crime to run it over, then take it home to eat.
I have No Eye Dear about dear though.
Anyway - it turned out that as the statute was passed before cars existed, a car couldn't be classed as a machine for the purposes of the statute hence it was not a crime to run it over, then take it home to eat.
I have No Eye Dear about dear though.
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