Yeah - it went back the next day. The question was 'theoretical'....
Yeah - it went back the next day. The question was 'theoretical'....
In life you can't change what other people do, but you can control what you do.
Sent from my SM-G900I using AULRO mobile app
The Police are not the law, they oversee its adherence. They are bound by certain triggers that always lead to a court room (unless it's non criminal ... like speeding, etc.) In many cases they cannot intervene unless they are ordered to.
Anybody that has any dealings with the Law knows that it only exists in a court room.
Sounds simple .... doesn't sound right? Think about it. Even a speeding ticket is an invitation to contest.
But if you find yourself in said Court Room you may wish that you hadn't listened to the Google experts.
However, as I have found, sometimes the value of the item/event is less than the cost of pursuit. So lots of scumbags operate under that cover.
Some folks just don't pursue, even when there is a no cost 'small claims' arbitration facility at their fingertips .... thus allowing the scumbags to get away with things.
But the reality is ... if it isn't yours, and you can't prove it is .... push comes to shove ... you're screwed!!!
I'd prefer folks do the right thing ....
Noting that it is a theoretical question as the OP has done the right thing the short answer is no you can't keep it. I believe it may be covered in the Criminal Code under something like stealing by deception. At the very least the onus would be on the person who received the goods to prove they attempted to return them.
In short yes it is illegal. What the offense is depends on the circumstances. It would be more of a fraud than a stealing. There are offenses such as Obtain Benefit by Deception as mentioned above or Make False Representation if you pose as someone else if you are not on the delivery slip.
The 4wd Zone/Opposite Lock Bathurst
263 Stewart Street, Bathurst, NSW
http://www.the4wdzone.com.au/
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Of course it is illegal, but the onus is on the delivery company to ensure goods are dropped off at the correct address, as per the con note. If they fail to do this, the onus is still theirs to collect said item and forward it correctly. And you'd be astonished by the amount of goods are incorrectly consigned, and even more so by the number that require no POD ( proof of delivery ).
You are under no obligation to correct their mistake, but that doesn't make the goods yours. But, and this will vary from state to state, there is a 'reasonable time' quotient where the consignor can endeavour to locate and retrieve the goods, after which they can become yours. Nearly every service industry operates under an unclaimed goods framework.
Transport companies have huge amounts of goods around their warehouses that are undeliverable, broken, have lost labels or con notes or have been rejected by the consignee. It happens on a daily basis to thousands of items. Even a little 5 truck mob like I worked for has this issue regularly. TOLL, or Linfox? Sheesh. Mostly they don't want to know about it.
However, most people have a moral compass that points the right way, and most people make the effort to get things to their rightful owners, which is as it should be.
JayTee
Nullus Anxietus
Cancer is gender blind.
2000 D2 TD5 Auto: Tins
1994 D1 300TDi Manual: Dave
1980 SIII Petrol Tray: Doris
OKApotamus #74
Nanocom, D2 TD5 only.
Rar110 and Ace are the only people suitably qualified to comment.
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