Woman arrested for nicking food from Tesco's bins

Woman arrested for nicking food from Tesco's bins

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anonymous-user

Original Poster:

55 months

Thursday 10th February 2011
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[redacted]

boredofmyoldname

22,655 posts

200 months

Thursday 10th February 2011
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1) It is the Daily Mail so there may not be all of the facts printed.

2) Surely someone must have reported her for the Police to go looking for her.


Martial Arts Man

6,601 posts

187 months

Thursday 10th February 2011
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The flip side is hordes of people loitering around their bins every night waiting for free food.

They may even have some duty of care or some nonsense to consider.

jesta1865

3,448 posts

210 months

Thursday 10th February 2011
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in the chronicle and there tescos say they want to reuse and recycle, but they had binned it and stuck it in the street.

as long as someone doesn't leave a mess why shouldn't they take it, if someone has binned it, then surely they have decided they don't want it anymore so it should be grab-sees.

mind Essex plod haven't exactly covered themselves in glory lately with their dealings with the public, and i am not talking about my son either.

TheForceV4

543 posts

188 months

Thursday 10th February 2011
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jesta1865 said:
, and i am not talking about my son either.
Pray tell!

Oakey

27,595 posts

217 months

Thursday 10th February 2011
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I imagine the issue is that, having nicked food from a Tesco bin, should said person end up with food poisoning you can guarantee they'd whack a claim in for compensation.

Martial Arts Man

6,601 posts

187 months

Thursday 10th February 2011
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I've just been thinking; does anyone know the rules regarding ownership of refuse?

At what point does it cease to become the property of the person who threw it away? Does it ever? If so, who does it then belong to?

jesta1865

3,448 posts

210 months

Thursday 10th February 2011
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TheForceV4 said:
jesta1865 said:
, and i am not talking about my son either.
Pray tell!
it was a few weeks back and we had plod on the doorstep about car ins at 1am, its in speed plod and the law somewhere. what the police did was fine, just they way they went about it, attitude, manners (or lack of etc).

i still don't see how after they bagged it and binned it, tescos then get to say it was stolen. i would rather them adopt the attitude that they give it away if its going to spoil.

Oakey

27,595 posts

217 months

Thursday 10th February 2011
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banghead

They can't 'give it away' because some will ruin it for others by issuing legal proceedings the moment they get a twinge of stomach ache.

Sarkmeister

1,665 posts

219 months

Thursday 10th February 2011
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I used to live above a Tesco Express (very glamorous I know), and they had a big problem with people going through their bins for the out of date food that has been thrown away. In order to get to the bins people had to scale the wall/fance around our apartments car park (or sneak in when the gate opens), and then they had to break the locks on the bins.

In addition to the repeated trespass into our car park, they also made a mess by throwing all the non food items onto the floor until they found the food. Bloody scroungers.

deeen

6,081 posts

246 months

Thursday 10th February 2011
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The policy also closes off an avenue of theft from the store by collusion with staff.

Shaw Tarse

31,544 posts

204 months

Thursday 10th February 2011
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I think one of the supermarkets used to pour blue dye over the food thrown in the rubbish skip.
Not me but I did hear about people urinating in the same bins.

Derek Smith

45,781 posts

249 months

Thursday 10th February 2011
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Let us accept that the Daily Mail tells the truth all the time and that we can depend on what they publish.

For an item to be stolen it must have an owner. if you throw something away in a manner where you relinquish all rights of ownership to it and no one else has any claim then it cannot be stolen so there cannot be a theft.

By placing your property in a bin you are probably keeping some rights of ownership, e.g. the right of disposal. A commercial concern such as a supermarket might not want scavengers around theire bins, causing all sorts of problems. So if someone takes it then the actus reas of theft is complete.

However, there is a mental element to theft. If you honestly believe that the owner would not mind you asuming a right of ownership to that item then it cannot be theft. Yhe woman stated:

'It had been thrown out, so I thought I could put it to better use."

With a little bit of modification this could be changed into a perfect defence.

"What I meant was that Tesco had thrown it away and wouldn't mind if I took it. They had no further use for it and they are always saying that they how they want to reuse and recycle."

There is case law that makes this defence a little less that 100% but any brief would be able to use the fact that it was a one-off.

If you put an item in a bin you are in essence passing the ownership of that item to the bin men. However, you still retain some authority over it. If they should sort through your rubbish and sell certain items then it could be theft. There is an argument as to who from: the original owner or the refuse disposal agent, but that's just detail.


Corsair7

20,911 posts

248 months

Thursday 10th February 2011
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How can Tesco's use 'we recycle' as a defence against this? If the food is eaten then it served its originl purpose, the spending of time, money, effort and energy recycling something that can meet its 'original purpose' is in fact the waste of yet more materials and resources.


Shame on our society that we have people that feel the need to take food from a bin, and shame on the people that feel the need to pursue and punish them for doing so.

miniman

25,049 posts

263 months

Thursday 10th February 2011
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Interesting that on last week's "The People's Supermarket" show, the chef involved raised a load of money by charging people for a "special meal" he'd cooked up using food that had been thrown out by supermarkets. Plenty of footage of him (and others) taking it out of bins. Perhaps he had permission.

Shaw Tarse

31,544 posts

204 months

Thursday 10th February 2011
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miniman said:
Interesting that on last week's "The People's Supermarket" show, the chef involved raised a load of money by charging people for a "special meal" he'd cooked up using food that had been thrown out by supermarkets. Plenty of footage of him (and others) taking it out of bins. Perhaps he had permission.
There was one of those"cook for TV" programs a while ago, where chefs used throw away/blagged food.

zcacogp

11,239 posts

245 months

Thursday 10th February 2011
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Corsair7 said:
Shame on our society that we have people that feel the need to take food from a bin ...
I think I see what you are trying to say there, but while I can happily afford all the food I need to eat (and more - see the waistline), if I thought there was perfectly good food going in a bin I'd be thinking about ways to get my hands on it.


Oli.

DonkeyApple

55,594 posts

170 months

Thursday 10th February 2011
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There are various laws about this.

I believe that it is illegal to take food out of bins. This is a health and safety thing and was highlighted on a documentary about Freegans.

I seem to also recall that it is theft to take something out of a skip.

Obviously, as someone has already mentioned, it is in the DM so only the bits that can be twisted to make a rabid story to keep Alf Garnet's heart pumping will have been retained.

grumbledoak

31,560 posts

234 months

Thursday 10th February 2011
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You cannot throw anything away. Putting it in a bin does not negate your ownership and legal responsibilities. If anything bad happens you are still liable.

It's theft, too. But my first point is why this stuff happens.

carmonk

7,910 posts

188 months

Thursday 10th February 2011
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Whatever happened to common sense? Why is it seen as a good thing to replace it with volumes of ridiculous legislation and waste the taxpayers' money on this kind of st?