Hp found on top - Page 2

ass_robber · #16 20-01-2007, 09:42 PM

please go find a lawyer. maybe a lawyer like Ravi would be able to give you good advise, like throw a stone at the camera or something like that.

bleahhh · #17 20-01-2007, 10:07 PM

Quote:

Originally Posted by Cheri_Popper

It is not theft as you had found it but you can still liable to be charged for Fraudulent Possession.

It will be theft if you had actually took it with the intention of stealing it. If you had taken it from the possession of the owner for eg his/her bags, pockets...it is theft. But since you found it, you have to prove that you had found it and not stolen it.

Theft occurs when there is a wrongful loss to the rightful owner and a wrongful gain to the accused.

A crime occurs when there is 3 main ingredients.

1) The Owner
2) The Accused
3) The Opportunity

Without 1 of it, there is no crime.

sound like a man in blue....

anyways, if its within a company, how u say it doesnt belong to anyone?

not urs = dun take

Cheri_Popper · #18 21-01-2007, 12:21 PM

[QUOTE=higoodhi;1817621]so wat is the term of Fraudulent Possession. if the hp had been return to the owner the owner decided to let the matter rest but it happen in the company is the company able to file charges to charge u.
QUOTE]

Fradulent Possession means that you are in possession of a property that is not rightfully belongs to you and that you did not return or attempt to return to the rightful owner.

The rightful owner had the right to decide on his course of action. Whether to report the matter to the Police or take departmental action is up to his discretion

Working on 12 hrs shift, tired, forgotten, etc are nothing but excuses.

Security personnel does not have a right to take a statement from anyone. They can only put up an incident report. It is not submissable to court as evidence.

The only mitigation factor is that the Sim Card has not been disposs of.

ass_robber · #19 21-01-2007, 01:39 PM

It really depends on what u did with the hp, following you taking the hp. And it also depends on who you are, and whether the relevant authorities want to do anything or not, as most ppl might just get a warning, return the hp to the person, and since there is no damage, injury or loss, there is no case. But all these is no substitute for legal advise.

#20 21-01-2007, 04:59 PM

[QUOTE=Cheri_Popper;1818488]

Quote:

Originally Posted by higoodhi

Security personnel does not have a right to take a statement from anyone. They can only put up an incident report. It is not submissable to court as evidence.

The only mitigation factor is that the Sim Card has not been disposs of.

So if the owner decided not to persuaded the matter, does the company able to files charges against him since it happen at the company.
It is an act of wrongful termination?

#21 21-01-2007, 05:06 PM

departmental action
wat is departmental action?

Cheri_Popper · #22 21-01-2007, 06:11 PM

Quote:

Originally Posted by higoodhi

So if the owner decided not to persuaded the matter, does the company able to files charges against him since it happen at the company.
It is an act of wrongful termination?

Even if it is not the company's property, as the "crime" occured within its premises, the company still have the right to lodge a Police report and let the Police investigated and acted on the complaint.

for a company to terminate a person, it can use many reasons that offers little or no compensation at all. It is very hard to prove that there is a wrongful termination.

krime8 · #23 21-01-2007, 06:48 PM

Quote:

Originally Posted by Cheri_Popper

for a company to terminate a person, it can use many reasons that offers little or no compensation at all. It is very hard to prove that there is a wrongful termination.

Agreed, even a simple "unsatisfactory performance" is sufficient for the company to terminate a person's job.

Anyway, it is always best not to take what's not yours. Hand over found things to Lost and Found, just not to have any implications on your own honesty and integrity.

#24 21-01-2007, 07:00 PM

Quote:

Originally Posted by Cheri_Popper

Even if it is not the company's property, as the "crime" occured within its premises, the company still have the right to lodge a Police report and let the Police investigated and acted on the complaint.

if the police dismissed the case and owner closed the matter, can the company still press charges against u?

Cheri_Popper · #25 21-01-2007, 08:17 PM

To the zapper who don't dare to put his nick....all i have to say to you is that if you think that I am wrong to give advice, then carry on to zap for all i care.

natto3 · #26 21-01-2007, 09:15 PM

Quote:

Originally Posted by The Force

set it to vibration mode, stuff it into his asshole and wait for calls???

bro, you have sense of humour. nearly fell off my seat laughing!

Castrol · #27 22-01-2007, 11:28 AM

Quote:

Originally Posted by The Force

set it to vibration mode, stuff it into his asshole and wait for calls???

hahaha...

krime8 · #28 22-01-2007, 12:45 PM

Quote:

Originally Posted by higoodhi

if the police dismissed the case and owner closed the matter, can the company still press charges against u?

If you have bad rapport within the company, you can be sure that it will be one of the chances that they have been waiting for to get rid of you. Else i seldom come across a company that have no feelings for employees who'd admitted doing wrong and is willing to change.

etsys · #29 22-01-2007, 02:58 PM

Guys, I know somebody said it is in the wrong forum.

Anyway, my two cent (as usual)

Regardless of whether it was lying there, or not, it has an owner, and you could have located the owner, or atleast hand over to the admin or whoever in your company. Deciding to keep it, specially when it belong to your co-worker is BAD BAD BAD. How you feel if you step out to toilet and forget your handphone and somebody take it ? You spend almost 8 hour in office, almost 1/3 of every day. Hmmmm Never shit in your living room

Second thing: dont want to have war of words. But it is sad in singapore sometimes finders, keepers. I saw somebody drop a wallet in SBS bus, and when I try to give to driver, he dont want to take it. He keep saying you find the owner - he is more worry about anybody accusing him of stealing any money in the wallet. I end up throwing it in front of him saying it is his job to send to lost and found in the bus depot. Being good sometimes dont help.

Anyway. A company can terminate an employee for any reason. Deciding to keep handphone shows lack of good judgement. Or lack of Moral Fiber. And forget about a company thanking you for admitting guilt. Seen lot of career ruined because of thinking admitting guilt will get off the hook. It is only reason enough for company to fire you when the time comes. Your admission of guilt can be used as admission of crime :-)

BTW, I am not lawyer. No further advices will follow .. he he ..

Have a good day guys.

And time for me to shut up.

"If what you stand to gain is less than what you stand to loose, then don't do it".

>> If I owe anybody points - do communicate with me. I will return favor. Busy with work and overlook SBF for sometime.

krime8 · #30 22-01-2007, 03:12 PM

Quote:

Originally Posted by etsys

Second thing: dont want to have war of words. But it is sad in singapore sometimes finders, keepers. I saw somebody drop a wallet in SBS bus, and when I try to give to driver, he dont want to take it. He keep saying you find the owner - he is more worry about anybody accusing him of stealing any money in the wallet. I end up throwing it in front of him saying it is his job to send to lost and found in the bus depot. Being good sometimes dont help.

If i were you, i would have taken down that bus driver's name and employee number (if possible), and complain to SBS for his reluctance to help the public. Don't seem to be a responsible guy at all. And makes me wonder if he is also a "hell" driver on the road with his bus.