[nzlug] Re: NZLUG Digest, Vol 31, Issue 7

Simon Bridge simonbridge at ihug.co.nz
Wed Jan 9 16:08:14 NZDT 2008


On Wed, 2008-01-09 at 09:36 +1300, Nick Rout wrote:

> 226 Conversion of vehicle or other conveyance
> 
> (1)Every one is liable to imprisonment for a term not exceeding 7 years
> who, dishonestly and without claim of right, but not so as to be guilty of
> theft, takes or uses for his or her own purposes or another person's
> purposes—
> 
> (a)any vehicle, ship, or aircraft; or
> 
> (b)any part of any vehicle, ship, or aircraft; or
> 
> (c)any horse.
> 

Heyyy... I could take a Space-Shuttle (Spacecraft) for a joyride then!
Hot dog! (A donkey, a llama...)

> So its regarded by the law as serously as theft (same max penalty).
> 
> Taking is self explanatory, and at common law you had to "take" to be
> guilty of theft. So if you legally and innocently came into possession of
> something (borrowed a friend's sofa), but later decided to sell it or keep
> it, then you weren't guilty of theft at common law. However the Crimes Act
> fixed this many years ago by including as theft "converting to [your] own
> use" - which covers the fact scenario I outlined.

Ah, I see, it wasn't theft in common law because it was aquired
legitimately - but it's a crime because something not permitted was
done? Possible better analogy for copyright then?



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