05-11-2018, 12:34 PM
(05-11-2018, 12:25 PM)Belsnickel Wrote: Let's go back to your discussion of the bicycle. If you have a friend that needs to borrow your bike and you allow that one day, your earlier assertion (and this one) is saying that if he then borrows it later that it cannot be considered theft because you have consented to that previously? You are saying with your posts that the criminal case law has a precedent for this? I'm not buying it. I know it to be the case in civil contract law, but I'm not buying it here. I'd like to see that case law, because I'm doubting your claim that is how it works in other criminal situations.
It requires more than just one prior consent. It requires a "course of conduct" over a period of time. I'll gladly post the law when I have some time to look it up. Same applies with trespassing. The law is so well accepted in these areas that I usually do not have to cite specific case law. If you have been allowing someone to walk across your property on a regular basis you can not have them arrested for trespassing unless you specifically revoke that permission.
