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Old 24-07-2016, 07:17 PM   #37
XB GS 351 Coupe
FF.Com.Au Hardcore
 
Join Date: Oct 2010
Location: Mid North Coast
Posts: 6,443
Default Re: Law on stolen and recovered cars

Quote:
Originally Posted by jackute23 View Post
Police maintain that when stolen property is sold on to a person who buys it in good faith (doesn't know it is stolen) and pays money for it, they can not seize it from that person, even though the original owner also has a right to it.
Anyhow, they won't get it and return it to my mate, so see what the lawyer can do.
(If it was my car I'd hire a tow truck and bring it back where it bolongs).
Had a bit of a think about this today (was a bit bored)

Police deal with criminal matters, the stealing is a criminal matter, and they (police) possibly are dealing with the person that 'stole' the car provided they have enough evidence to place the person before the Court. (Criminal court)

The new owner of the car has committed no crime, so looking at it down to basics I guess this has now become a civil matter, between the new owner and the original owner that needs to be either dealt with between the parties involved or at Civil Court. Ie the original owner has a civil claim against the new owner, while the current owner (person in actual possession of the car) has a civil claim against the thief of the car.

Gets messy I guess, but I still think Police should confiscate the car and impound it till ownership gets sorted out as clearly the car is stolen property.
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The Daily Driver : '98 EL Falcon, 5 Speed , 3.45 lsd

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