Some advice required, criminal system.
Some advice required, criminal system.
Author
Discussion

jumplead

Original Poster:

1,823 posts

241 months

Tuesday 28th July 2009
quotequote all
Okay here is the deal,

My girlfriends brother who is 16 has stolen 400 Cigarettes from me that were brought back from a holiday. Now this is the first time he has stolen from me, but it appears he has been taking without permission from his parents for a long time, and has been on the recieving end of many empty threats over the years and generally walks all over his parents.

My girlfriend has confiscated his laptop until he has paid me back, with the threat that if the money isn't forthcoming i'll sell the laptop (with his legal guardian's permission) to recoup the costs. However he has just threatened to brick my house and car's if i sell his laptop.

My question is in the event I get home to find a brick through the window of my car after this threat where do I stand with the law? I'm guessing the threat alone is not enough to get someone prosecuted, but is it enough to get them pulled in over it? Also any advice on how to deal with this threat? (Other than a good shoeing which has already been suggested numerous times)

Plotloss

67,280 posts

299 months

Tuesday 28th July 2009
quotequote all
It's criminal damage if he trashes your property.


jumplead

Original Poster:

1,823 posts

241 months

Tuesday 28th July 2009
quotequote all
Plotloss said:
It's criminal damage if he trashes your property.
Yes but proving it was him becomes difficult does it not? Is the threat alone enough?

Milky Joe

3,851 posts

233 months

Tuesday 28th July 2009
quotequote all
A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out,—

(a)to destroy or damage any property belonging to that other or a third person; or

(b)to destroy or damage his own property in a way which he knows is likely to endanger the life of that other or third person;

shall be guilty of an offence.

Annotations:
Modifications etc. (not altering text)
C1Ss. 2, 3 amended as to mode of trial by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 1 para. 29


Edited by Milky Joe on Tuesday 28th July 14:49

F355gtb2009

1,725 posts

209 months

Tuesday 28th July 2009
quotequote all
flush the s head down a toilet!,scumbag!

abels

608 posts

311 months

Tuesday 28th July 2009
quotequote all
Not sure how the legalities work in this situation. But if he has done this many times before then he has obviously lost respect for the law and other people. I think I would have gone to the Police with regards to the original theft.

What have your GF's parents said about the threats to you?

RobCrezz

7,892 posts

237 months

Tuesday 28th July 2009
quotequote all
Humiliate him in front of his mates. Not enough to get in trouble with the law, but enough to make him look stupid.

jumplead

Original Poster:

1,823 posts

241 months

Tuesday 28th July 2009
quotequote all
abels said:
What have your GF's parents said about the threats to you?
They are currently unaware of them, but tonight will be made aware of the whole situation. Based on the previous he has with his parents we wanted to leave them out of it and recoup the lost cash by him paying it back.

Hopefully it will hit them a little bit harder now he isn't just stealing from them.....

Murray993

1,515 posts

262 months

Tuesday 28th July 2009
quotequote all
Careful here that you dont get done for stealing a minor's laptop. I know it sounds trite but from a far you both look as bad as each other, as he will have a story and so will you.

If he parents cant control him you are likely to have minimal impact on him at 16. Likely he still sees himself as imortal at this age.

Maybe you might need to think about where you leave your property in relation to him, not really an answer but might stop you getting dragged into (what could become) a family feud.

Parrot of Doom

23,075 posts

263 months

Tuesday 28th July 2009
quotequote all
I'd be more inclined to throw him against a brick wall, hold him by the neck, and leave him in no doubt as to what will happen next time if the fags aren't returned.

Probably not the best solution though.

F i F

48,695 posts

280 months

Tuesday 28th July 2009
quotequote all
Assuming you have evidence of the theft.

1) Let g/f leave his laptop where he can find it / or put it back where she confiscated it from.
2) When he has taken possession of laptop, then dob him in.

He'll get nothing in effect but it puts the first chalk mark on his record.

Reiterate every time he acts the prat.

southpaw

5,999 posts

254 months

Tuesday 28th July 2009
quotequote all
jumplead said:
My question is in the event I get home to find a brick through the window of my car after this threat where do I stand with the law?
From my recent experience, you can't do anything. My car window got smashed a few weeks ago, I know who did it, actually saw them do it. Phoned the police, they turned up within 6 minutes but said they wouldn't do anything as I couldn't prove it was him. I said what if I can find CCTV of his car in the area? "It still proves nothing, he could have been out for a night time drive"...right...because theres going to be LOADS of people out at 3.30am on a Wednesday morning.

I've lost all faith in the police. They had my phone for 2 months as part of an investigation which I had nothing to do with, so I had to pay two months contract payments and £120+ on top ups on a PAYG sim, I asked for compensation, they said yes you'll get some if it goes to court. They never told me the case was going to court and afterwards when I got my phone back it was too late.

jumplead

Original Poster:

1,823 posts

241 months

Tuesday 28th July 2009
quotequote all
southpaw said:
jumplead said:
My question is in the event I get home to find a brick through the window of my car after this threat where do I stand with the law?
From my recent experience, you can't do anything. My car window got smashed a few weeks ago, I know who did it, actually saw them do it. Phoned the police, they turned up within 6 minutes but said they wouldn't do anything as I couldn't prove it was him. I said what if I can find CCTV of his car in the area? "It still proves nothing, he could have been out for a night time drive"...right...because theres going to be LOADS of people out at 3.30am on a Wednesday morning.

I've lost all faith in the police. They had my phone for 2 months as part of an investigation which I had nothing to do with, so I had to pay two months contract payments and £120+ on top ups on a PAYG sim, I asked for compensation, they said yes you'll get some if it goes to court. They never told me the case was going to court and afterwards when I got my phone back it was too late.
That was exactly my worry, based on the comments above I think the best cause of action will be tell his parents about it all, get the other half to give them the laptop and then hope for a change they will do something about it. Put it down to experience and just don't forget it when he comes back running for help, like he has in the past...

shouldbworking

4,801 posts

241 months

Tuesday 28th July 2009
quotequote all
Have a look at the data on the laptop, find something suitably incriminating, use that to blackmail him.

oldsoak

5,618 posts

231 months

Tuesday 28th July 2009
quotequote all
Parrot of Doom said:
I'd be more inclined to throw him against a brick wall, hold him by the neck, and leave him in no doubt as to what will happen next time if the fags aren't returned.

Probably not the best solution though.
But often the most efficacious
winkbiggrin

markmullen

15,877 posts

263 months

Tuesday 28th July 2009
quotequote all
shouldbworking said:
Have a look at the data on the laptop, and if you don't find something suitably incriminating make sure there is something and then use that to blackmail him.
EFA

streaky

19,311 posts

278 months

Tuesday 28th July 2009
quotequote all
oldsoak said:
Parrot of Doom said:
I'd be more inclined to throw him against a brick wall, hold him by the neck, and leave him in no doubt as to what will happen next time if the fags aren't returned.

Probably not the best solution though.
But often the most efficacious
winkbiggrin
Love that word! - Streaky

streaky

19,311 posts

278 months

Tuesday 28th July 2009
quotequote all
Murray993 said:
Careful here that you dont get done for stealing a minor's laptop. I know it sounds trite but from a far you both look as bad as each other, as he will have a story and so will you.
Note tthat the OP's g/f "confiscated" the laptop, not the OP - Streaky

havoc

33,329 posts

264 months

Tuesday 28th July 2009
quotequote all
oldsoak said:
Parrot of Doom said:
I'd be more inclined to throw him against a brick wall, hold him by the neck, and leave him in no doubt as to what will happen next time if the fags aren't returned.

Probably not the best solution though.
But often the most efficacious
winkbiggrin
The only way that you'll stop him taking the piss with you, or damaging your property, is if he's properly scared of you:-
- either physically; or
- because you've got some hold over him (Mark's suggestion...)

...otherwise at that age, if he doesn't listen to his parents, he won't listen to anyone else, and I suspect it'll take some proper trouble with the law before he wakes up (i.e. a caution won't do jack...). In the meantime you could have lost £££...a LOT more than a few packs of fags! Oh, and he's still a minor, so the law probably won't be on your side that much...


So, at this point:-
- either front-up and threaten the scrote VERY badly (but make sure you've an alibi as the little sh't probably will go to the police himself)
- or back right off and hope he gets bored and finds someone else to pratt-around...