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Help/reassurance re: contesting shoplifting charge

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  • Help/reassurance re: contesting shoplifting charge

    Hello all. I hope that this is in the appropriate thread.


    I'm hoping that somebody can provide some advice regarding the above.
    My story is as follows. In November I visited a Tesco supermarket but was only able to find half the items on my shopping list. I bought what I could and continued my shop in a nearby Sainsbury's. I need to state that I don't particularly like supermarkets. They're too bright and busy. Anyway, I scanned my items on the self-service till. When I placed a second bottle of wine on the 'counter' the screen stated that there was an 'unexpected item in baggage area'. As far as I was concerned, there wasn't. An assistant keyed in an authorisation code and I continued to scanthe rest of the groceries. I had to wait again, for an assistant to verify that I was old enough to purchase alcohol. The store was busy and I was getting frustrated. Eventually this was authorised. I packed the goods into my own bag (I always use my own bags) and left the store. I crossed the road and was apprehended by two security guards. I was initially confused but very quickly realised that I was still holding the debit card. I had walked out without paying. Whilst sat in the security room, I explained that this was a mistake. I was informed that the police had been called. 10 minutes two officers arrived. I gave my side of the story, the security guard gave his. I was asked to empty my bag, which I did having already explained that I had previously been to Tesco hence the other groceries. I was asked if I could provide a receipt for the Tesco goods. I couldn't as I had also used a self-scan till there and, until then, rarely picked up a receipt. I suggested that we go to Tesco where we could verify my purchase (although no receipt I presume that records are kept). This was turned down. The officer asked to search my bag. I agreed but warned him that there were screwdrivers and a Stanley knife in the front pocket (I have a part-time job assembling office furniture). The officer checked them and then told me that 'if he wanted to be awkward' then he could accuse me of using the tools for shoplifting. I told him that he was welcome to do that....but he would be wrong.
    I was issued with an £80.00 fine which I have contested and have a Magistrate's Court appearance in two weeks. Whilst, yes, I did walk out of the supermarket without paying for the goods this was not done with intent. I have a clean criminal record and do not wish for this to be sullied.
    I also take daily medication for depression. I hadn't taken my dose that day which does tend to leave me a little disorientated.
    I'm currently seeking professional advice and legal aid. Is there anything else that I should be doing? Do I stand good ground of being found Not Guilty?

    I'm a 38 year old male and am finding this all highly embarrassing, confusing......and worrying.
    Tags: None

  • #2
    Re: Help/reassurance re: contesting shoplifting charge

    Hello Lamsicle and welcome to Legal Beagles.

    I am a retired policeman and have also worked in the retail trade so you will appreciate I have seen things from both sides, so to speak.

    In order to prove you have committed Theft, the supermarket has to satisfy a two-part test that was prescribed by the Court of Appeal in the case of R -v- Ghosh [1982] EWCA Crim 2.

    What is known as the Ghosh Test requires, firstly, that an ordinary decent person would consider what you did was dishonest and, secondly, that you realised that by those standards was dishonest. Basically, you have to know that what you did was, at the time, dishonest.

    Unfortunately, retail security staff are not trained to the same level as warranted police officers and, in my view, a lot of alleged shoplifters are wrongly accused, drug addicts and organised shoplifting gangs excepted.

    Sainsburys have to prove beyond all reasonable doubt that the items you bought from Tesco belong to them. They also have to produce evidence that proves their security staff saw you take said items. If they can't prove proper title to the goods you bought in Tesco, it gives rise to reasonable doubt. Tesco, by the way, are notorious for accusing people of taking their goods, finding out afterwards they are wrong and not apologising, which explains why they have had court cases go against them and been hammered by the civil courts for their arrogance and pig-headedness.

    I have noted that you are currently under treatment for depression and had not taken your medication on the day this happened, which left you disorientated. That could have a bearing on the case.

    I note you are seeking professional legal advice and would hope this is a criminal defence solicitor. If you receive any correspondence from a Civil Recovery agent in the meantime, let your solicitor deal with it.

    As to your chances of being found Not Guilty, there are factors that may give rise to reasonable doubt and you will need to discuss this with your solicitor. However, the opinion I am offering is a personal opinion and should not be construed as legal advice.

    Let us know how you get on.

    Bluebottle
    Life is a journey on which we all travel, sometimes together, but never alone.

    Comment


    • #3
      Re: Help/reassurance re: contesting shoplifting charge

      Many thanks for your welcome and response Bluebottle.

      I probably haven't written it too clearly....but Sainsbury's aren't saying that the Tesco's goods were theirs. I did, inadvertantly, walk out of the shop with unpaid Sainsbury's goods in addition to previously bought Tesco items.

      Kind regards,

      Lamsicle

      Comment


      • #4
        Re: Help/reassurance re: contesting shoplifting charge

        Hi Lamsicle,

        Thank you for clarifying that point. As I have said, there are factors that, in my opinion, could give rise to reasonable doubt. Discuss with your solicitor and be guided by them.

        Bluebottle
        Life is a journey on which we all travel, sometimes together, but never alone.

        Comment


        • #5
          Re: Help/reassurance re: contesting shoplifting charge

          You really need professional legal advice and representation, there should be firms locally who do criminal defence work via legal aid.

          Comment


          • #6
            Re: Help/reassurance re: contesting shoplifting charge

            If you don't know of any locally, go onto the Law Society website and use their search engine.

            The Law Society website address is: http://www.lawsociety.org.uk.
            Life is a journey on which we all travel, sometimes together, but never alone.

            Comment


            • #7
              Re: Help/reassurance re: contesting shoplifting charge

              Thanks again for all your responses. I shall be seeking out a solicitor tomorrow.

              Comment

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