Public Address | Cafe | Legal Beagle: Not burglary?

Kyle Matthews

Thu, 26 Dec 2013 13:08:10 +1300

The type of people that own holiday homes don’t take well to low level crimes and minor inconveniences not being investigated when they are the victim

I suspect the police have paid a bit more attention to this case because the victim is a prominent NZer.

Gregor Ronald

Wed, 04 Dec 2013 13:53:17 +1300

I used to live in a holiday town in Otago, and these holiday-home break-ins by local kids came in cycles. (I know this lot didn't go inside, but anyway...) Usually they got caught by the cops, the school became involved, and the kids were publicly shamed at a school assembly.…

Rich Lock

Wed, 04 Dec 2013 10:34:53 +1300

Yes, that's what I meant: 'still a bit of a gap from there to being able to use it in court [as falling within a definition of 'found']'.

Graeme Edgeler

Wed, 04 Dec 2013 10:17:31 +1300

Still a bit of a gap from there to being able to use it in court, but.

No. This could easily be used in a prosecution in respect of a prosecution for any charge these boys might face. I'm just suggested that it wouldn't provide evidence that they were "found"…

Graeme Edgeler

Wed, 04 Dec 2013 10:15:12 +1300

The commentary I looked up gave no mention of video

The *legal* commentary I looked up to find out what case law says "found" means gave no mention of whether being caught on security cameras counted as being found. My guess, based on other cases described, is that it would…

Rich Lock

Wed, 04 Dec 2013 09:42:52 +1300

Still a bit of a gap from there to being able to use it in court, but.

Thanks for the reply, Graeme.

Ian Dalziel

Wed, 04 Dec 2013 07:46:04 +1300

The commentary I looked up gave no mention of video
From the Herald
Security cameras which cover the property were reviewed.
Sergeant Steve Watt, of Queenstown, said yesterday 11 youths from Queenstown's sole secondary school had been identified from the video footage and social media where one of the alleged…

andin

Wed, 04 Dec 2013 07:36:18 +1300

I would like to know your personal and legal opinion of pet killers?

I have been involved in a situation ongoing now for me for 3 months. After I was asked to look after a neighbours cats while they were away, and the cats suddenly disappeared. I found one of…

Graeme Edgeler

Wed, 04 Dec 2013 07:26:13 +1300

Graeme, what are the legal boundaries of ‘found’? Your post implies that they have to be physically caught in the act on the property. If there was camera phone footage, CCTV, or similar available that clearly showed they’d been there, would that fall inside or outside the definition?

The commentary…

Joe Wylie

Tue, 03 Dec 2013 23:24:23 +1300

The type of people that own holiday homes don’t take well to low level crimes and minor inconveniences not being investigated when they are the victim
Probably of no real consequence when it comes to finer points of law, but a surprising (to me) number of Queenstown 'homes' appear to…

Rich Lock

Tue, 03 Dec 2013 23:01:06 +1300

An element of that offence is that you have to be “found” on the property, and it appears these students weren’t

Graeme, what are the legal boundaries of 'found'? Your post implies that they have to be physically caught in the act on the property. If there was camera phone…

Tim Darlington

Tue, 03 Dec 2013 20:36:00 +1300

This type of person who doesn't and isn't ever likely to own a holiday home doesn't like low-level crimes not being investigated when I'm the victim either. The number of people who really don't mind a bunch of pissed wankers trashing their place would not be a large one, I…

BenWilson

Tue, 03 Dec 2013 20:35:31 +1300

It's probably more to do with them having footage, which does mean it's possible to make some progress.

bbrooks

Tue, 03 Dec 2013 18:34:54 +1300

The type of people that own holiday homes don't take well to low level crimes and minor inconveniences not being investigated when they are the victim

BenWilson

Tue, 03 Dec 2013 13:47:30 +1300

It's not OK to do what these kids did, but it's way low down on the list of crimes. Sounds like about half an hour's work to clean up, comparable to graffiti, less serious than breaking a window. I'm surprised the police bothered to look into it.

Graeme Edgeler

Tue, 03 Dec 2013 13:36:47 +1300

What’s an “enclosed yard”? You suggested previously it was mostly an industrial premise or building site, rather than a residential garden?

Those are common examples where the offence is used, Adams on Criminal Law notes:

In order to be “enclosed” it is not essential that the area be completely surrounded…

Rich of Observationz

Tue, 03 Dec 2013 12:57:02 +1300

What's an "enclosed yard"? You suggested previously it was mostly an industrial premise or building site, rather than a residential garden?

Ross Mason

Tue, 03 Dec 2013 12:01:19 +1300

Is "intent" to break the bottle/glass thingy a magic word? If you "accidentally" drop it then does that take the intent away?

Hmm...does "placing" an empty bottle on the ground – without breaking it – in a public place take away the intent?

Forget it. Previous section has "deposit" in…

Matthew Poole

Tue, 03 Dec 2013 11:10:50 +1300

You're assuming this was an unintended consequence.

Public Address

Tue, 03 Dec 2013 11:10:50 +1300

Discussion from blog post.