Alleged Stolen Phone

"A" owns a phone. He lent it to his girlfriend "B."

"B" lost/misplaced the phone in the office when she literally bumped into another officemate "C."

Since "B" and "C" had the same type of phone (same model and color) "C" picked it up thinking it was hers.

She was leaving in a rush because she had to take her kid to the hospital. It was only on the way to the hospital that she learned she had 2 similar phones.

Can "B" file theft charges against "C" even as the phone would be returned? It took 2 more days before they had contact to arrange the return of the phone.

Would there be any form of "willful breach" in the situation wherein the phone was not returned early or reported to security or the supervisor?

assuming the facts to be correct and provable, then if B files a case of theft, C should not be convicted because there was no intent to gain when she took the phone.

if there was immediate assurance that the phone would be returned but she had to attend to the child, then there was no breach of any duty.

thanks attyLLL.

moving on... same situation...

"C" did not report to any authorities but just waited to try and find the owner "B." but since she could not find her (probably different shifts), she just kept the phone in her office locker.

"B" was calling/texting her own phone but since it had a security lock, "C" could not answer the phone. So she took out the SIM card and texted "B" that she would return the phone - the "immediate assurance" came more than 24 hrs after and the item was return after another day pa.

Still same result/opinion, attyLLL?

still same. ok, the problem with theft is that the intent to gain is presumed if the taking is proved, which in this case, it is because it is admitted.

the presumption can be overcome if the circumstances of contacting the owner, and actually returning the phone without having been identified as the taker. it will depend on the evidence then.