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Shoplifting claim against Osborne

El Diablo

Post Whore
Messages
94,107
http://www.smh.com.au/sport/osborne-cleared-as-police-drop-shoplifting-action-20101005-1668b.html

Osborne cleared as police drop shoplifting action
October 6, 2010

Police have withdrawn a $300 infringement notice against Parramatta chief executive Paul Osborne for alleged shoplifting. Osborne had been fighting the matter since June, when it emerged he had put $49.18 worth of groceries through the scanner at a self-service checkout in the Woolworths, Dural, store on May 27, but had left without paying. Osborne, a former detective and politician, was clearly identifiable at the time, wearing a Parramatta tracksuit top, and argued he had simply made an honest mistake and forgotten to pay because he was preoccupied. Osborne is a regular shopper at the store and said he was deeply embarrassed when police came to his home to deliver the infringement notice. He has been informed in writing that his request for the infringement notice to be withdrawn has been granted, and he said yesterday he was ''very relieved'', adding: ''I never had any doubt that I would be cleared. I'm surprised it took this long, but in the end I'm just glad it's over.''

i notice this wasn't 9's lead story like when it first happened
 

boxhead

First Grade
Messages
5,958

mrpwnd

Bench
Messages
2,640
Honestly...How on Earth does someone just 'coincidentally' forget to pay for his/her purchases?
I'm sure kids in kindergarten are taught to pay for whatever they buy, 21st century education sure is scary.
 

1 Eyed TEZZA

Coach
Messages
12,420
Honestly...How on Earth does someone just 'coincidentally' forget to pay for his/her purchases?
I'm sure kids in kindergarten are taught to pay for whatever they buy, 21st century education sure is scary.

How is it coincidental? What is the coincidence here?
 

strider

Post Whore
Messages
79,045
Honestly...How on Earth does someone just 'coincidentally' forget to pay for his/her purchases?
I'm sure kids in kindergarten are taught to pay for whatever they buy, 21st century education sure is scary.

its f'n easy actually ... those self service pay things are stupid - usually all you do is stand there in a trance and wait for them to ask you, but they make you do it all yourself and you are worn out by the end and forget the obvious :lol:
 

Maroubra Eel

Coach
Messages
19,044
I guess it could happen. Although I find the self service checkouts pretty easy.

I reckon Ozzie will be more careful now.
 

Twizzle

Administrator
Staff member
Messages
154,003
how do you get away with that ?

he basically admitted that he did it, yet he gets off
 

Avenger

Immortal
Messages
34,393
how do you get away with that ?

he basically admitted that he did it, yet he gets off

There are two elements of an offence. The mens rea and actus reus. In this instance it could be proven that the mechanics ie actus of the offence had been committed. However it obviously could not be proven that Osborne had the mens rea or guilty mind to commit the offence. In summary the act does not make a person guilty unless the mind be also guilty.
 

Twizzle

Administrator
Staff member
Messages
154,003
yes he did

Osborne, a former detective and politician, was clearly identifiable at the time, wearing a Parramatta tracksuit top, and argued he had simply made an honest mistake and forgotten to pay because he was preoccupied.

he admitted he took the goods through the check out without paying for them

if thats not shoplifting, what is it ?
 

born an eel

Bench
Messages
3,882
if only he would treat people with the same respect he was shown,

he probably also forgot DA had a contract for next year when he went to melbourne to talk to SK.
 

Avenger

Immortal
Messages
34,393
You have to prove that be intended to permanently deprive prior to the action. He did not. If the police accept he made an honest mistake he cannot have a guilty mind which is the mens rea.
 

Twizzle

Administrator
Staff member
Messages
154,003
There are two elements of an offence. The mens rea and actus reus. In this instance it could be proven that the mechanics ie actus of the offence had been committed. However it obviously could not be proven that Osborne had the mens rea or guilty mind to commit the offence. In summary the act does not make a person guilty unless the mind be also guilty.

oh I see

so he didn't think he had to pay for the goods according to his mind

what a load of sh*t
 

Twizzle

Administrator
Staff member
Messages
154,003
If his excuse is reasonable and Police accept it was an honest mistake, the mens rea is not proven.

and he's an ex-cop right ?

I'm not sure you or I could get away with that sort of argument
 

Delboy

First Grade
Messages
7,651
This has become the most carping , negative forum on this board. It is about time we gave it a rest, this is the first time in a week I have bothered to do anything, thank goodness I am off overseas for a couple of weeks.

These people who work for the club put the hours in that are staggering, and I find this stuff really unnecessary.

This is supposed to be a supporters forum, and all we are doing at the moment is eating ourselves. To me that is a real shame, I support the club not a lot of comments that have been outside the footy forum.

Rant over
 

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