If you were to purchase an Item on e-Bay that turned out to be stolen could you be found guilty of receiving.?

Question

Is It still the case in the UK that ignorance of whether goods are stolen is no excuse in the eyes of the Law.

Answer 1

Ignorance as to the law is not a defence. Ignorance to the facts is. There's a case of Crown v Williams where the defendant assaulted a member of CID, believing he was breaking up a fight. In fact, the CID man happened to be making an arrest. Everyone knows that assaulting a police officer is an offence. The defence contested on the grounds that it was impossible to tell that it was an arrest in progress and not a street fight. He got let off. Which is also why these days CID always identify themselves before they start decking people to get the cuffs on.

You can steal your own car if you know you are removing it from someone elses lawful care - i.e. stealing your car from a police depot. But if you are ignorant as to the fact that property that you have otherwise lawfully purchased was originally stolen, you are not liable. But basically, you can't just turn a blind eye- if there's a name label with someone other than the sellers name on, you'd be advised to check with the seller and so on. Basically, the law will protect purchasers who are careful (caveat emptor and all that), but will turn around and bitchslap those that are lazy (for example, all the people that fail to register car sales and all the rest with DVLA)

There's a legal principle called Equities Darling - A bona fide purchaser for value without notice will be able to ignore any equitable rights that might otherwise exist over property. As long as you paid the market price for the goods purchased, (the bona fide part is a touch hyperbolic) and were otherwise unaware as to the stolen nature of the goods, you get to keep it.

Answer 2

In criminal law there is the Actus Reus (guilty act) and mens rea (guilty mind). They do not have to occur at the same time, but the do both have to occur unless the crime is of strict liability. EG. You borrow something without asking with the intention to give it back. Thats not theft because while you have taken something with out permission (actus reus) you intend to give it back meaning that theres no mens rea. The second you change your mind and decide that you're not going to give it back, you have the intention to keep, giving you the mens rea, and therefore you can be convicted of theft. I guess the same principle applies here; you have the actus reus in buying the stolen good, but you dont have the mens rea because you didnt know, ought to know, or have reason to know that it was stolen. Asoon as you find out that it was stolen, and decide not to give it back for whatever reason, say it was expensive, you have the mens rea and then can be convicted for buying stolen goods.

Answer 3

You Could not be charged with receiving stolen property because all sellers on eBay must agree to a "terms of use" policy. This in short is like a contract holding the seller responsible for improperly describing a product or selling something illegally obtained.

Answer 4

In New York State you have to KNOW the item was stolen OR have a REASONABLE EXPECTATION that the item was stolen. This goes for buying CD's off the guy on the corner for $2.00. Or a REAL mink coat fir $250. Don't tell me you really thought it just "fell" off the back of a truck.

Answer 5

sounds like here in the u.s. if you buy something that is found to be stolen, you can be charged with receiving stolen property, and if you have any questions, i would go to the police and talk to them and try to set up a sting, to get your money back and arrest the person that sold it, as they are just as guilty as the one that stole it, providing it isnt the same person.

Answer 6

Only if you had prior knowledge, though not sure in the UK. Either way if you believe it to be stolen I would turn it over to the police.

Answer 7

unless it states that it was stolen the police should just take the item off you and you should be able to claim from eBay

Answer 8

Your question is comparable to the on-going conflict between "salvation" and "works" that's what separates a great many sects of Christianity. yet what separates "believers" from "non-believers" so a strategies as shifting into Heaven is that BELIEVERS experience that they've EARNED it and does no longer decide for to proportion it with somebody who did no longer. in an attempt to respond to your question it is that "earning" heaven the two by works, salvation, or the two that makes Heaven an unique club for believers. what's the element in having religions if all of us can get into the rustic club?

Answer 9

Not if you were unaware of its origins and bought in good faith - you may still have to return the item to its rightful owner though.

Answer 10

This happened to a friend of a friend and they were not charged with anything but the had to surrender the goods without compensation.