# Ex has stolen my horse



## Handerson653 (21 May 2020)

Hi during a recent break up my ex has stolen my horse. He has no interest and I know that the horse isn’t in good condition. I have asked him to return him. I knew where he was but I couldn’t access him. I called animal welfare and my ex has moved the horse thankfully now to a field. I have spent the past few days looking for the horse and I have now found him. Does anyone know where I stand regards just removing the horse from the field!  He is on grass livery and the gate is padlocked. Tia


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## meleeka (21 May 2020)

Do you own the horse?  If so just go and get it.  It’s theft of property and as such you should report it to the police.


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## Handerson653 (21 May 2020)

Yes I own the horse - I’m afraid that as twisted as the law gets if I cut the padlock they might do me for breaking and entering? There is another horse in the field


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## ycbm (21 May 2020)

If you own him you can take him.  You will be committing criminal damage by breaking open the gate if it can't be lifted off its hinges,   but it's a minor offence and unlikely to be prosecuted if you apologise if you are reported.

Sounds like you are well rid of the ex!


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## Mrs. Jingle (21 May 2020)

If the horse is yours and the passport is in your name just go and take the horse back - you could ask the police to escort you at the livery yard by telling them you suspect there might be some trouble when you go to retireve your lawful property. But do have all proof of purchase and passport on hand to back up your claim.


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## HashRouge (21 May 2020)

I'd be straight there with a pair of bolt cutters!


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## bonny (21 May 2020)

ycbm said:



			If you own him you can take him.  You will be committing criminal damage by breaking open the gate if it can't be lifted off its hinges,   but it's a minor offence and unlikely to be prosecuted if you apologise if you are reported.

Sounds like you are well rid of the ex!
		
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You do need to be mindful of the other horse in the field !


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## Equi (21 May 2020)

Police will say it’s a civil matter. Do you know who the land owner is?


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## PictusSweetDreams (21 May 2020)

I’m guessing he won’t be sitting guarding the horse 24/7 so you could speak to the landowner (if you know who they are) and explain the situation. Be careful cutting locks off if there’s other horses out, you don’t want to cause any extra trouble.

If you do go, don’t go alone. But I’d be going up there now with transport to move the horse somewhere safe. I’d definitely report it though so the police have a record


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## Mrs. Jingle (21 May 2020)

equi said:



			Police will say it’s a civil matter. Do you know who the land owner is?
		
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they are obliged to attend equi if OP feels she will be in a dangerous situation attempting to retrieve her horse. They will not offer any assistance to physical remove the horse but they will attend to ensure that there is not any violence or laws broken. Well unless laws have changed drastically in recent years, I stand to be corrected.


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## TPO (21 May 2020)

Can you report the theft? That makes it criminal and not civil?

I'd advise phoning the police (101) and/or a solicitor


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## ycbm (21 May 2020)

bonny said:



			You do need to be mindful of the other horse in the field !
		
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 just tie the gate back in place.


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## Equi (21 May 2020)

Mrs Jingle said:



			they are obliged to attend equi if OP feels she will be in a dangerous situation attempting to retrieve her horse. They will not offer any assistance to physical remove the horse but they will attend to ensure that there is not any violence or laws broken. Well unless laws have changed drastically in recent years, I stand to be corrected. 

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This is true however I think they would need evidence that it will turn hostile.


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## cobgoblin (21 May 2020)

How good is the padlock? Can you pick it and snap it locked again?


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## Handerson653 (21 May 2020)

cobgoblin said:



			How good is the padlock? Can you pick it and snap it locked again?
		
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I’m considering this x


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## Handerson653 (21 May 2020)

equi said:



			Police will say it’s a civil matter. Do you know who the land owner is?
		
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Yes I do but I’m afraid that she will tell my ex


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## Leo Walker (21 May 2020)

You can quite often lift a gate off the hinges, or remove a fence panel. If you don't damage anything then there's nothing to get you in trouble.


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## Handerson653 (21 May 2020)

Mrs Jingle said:



			If the horse is yours and the passport is in your name just go and take the horse back - you could ask the police to escort you at the livery yard by telling them you suspect there might be some trouble when you go to retireve your lawful property. But do have all proof of purchase and passport on hand to back up your claim.
		
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It’s a private field....not a livery yard. Other horse belongs to the field owner


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## Lindylouanne (21 May 2020)

Cut the padlock off the gate and replace with an identical one to ensure remaining horse is safe. It will also confuse the hell out of the landowner and your ex as to how you managed to teleport the horse out of the field without a key.


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## EllenJay (21 May 2020)

speak to the BHS legal helpline - get legal advice before you do anything


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## TPO (21 May 2020)

Why didnt you call the police when he stole the horse initially? 

He has stolen your property so surely it's a criminal matter?


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## Handerson653 (22 May 2020)

Lindylouanne said:



			Cut the padlock off the gate and replace with an identical one to ensure remaining horse is safe. It will also confuse the hell out of the landowner and your ex as to how you managed to teleport the horse out of the field without a key.
		
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This was my first thought...tho if I replace it they couldn’t open it as it’s a coded lock. I was gonna go buy a new lock and leave it beside gate in packaging. Ultimately my aim is not to cause any criminal damage but to get my horse outta there.


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## Handerson653 (22 May 2020)

TPO said:



			Why didnt you call the police when he stole the horse initially?

He has stolen your property so surely it's a criminal matter?
		
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Its a long and complicated story......


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## TPO (22 May 2020)

Handerson653 said:



			Its a long and complicated story......
		
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Why dont you contact them now?

Report the horse stolen and ask them to accompany you as you retrieve him.

Then if have some sh't hot security set up wherever you are taking him to stop the ex taking him again.


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## ycbm (22 May 2020)

Handerson653 said:



			Yes I own the horse - I’m afraid that as twisted as the law gets if I cut the padlock they might do me for breaking and entering? There is another horse in the field
		
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Breaking and entering is for property,  not for a field.  It would be criminal damage to cut the padlock.  If they report it,  you'll probably be asked to apologise and at absolute worst case given a caution, which is not a criminal record. If you leave a replacement,  it's unlikely anything will happen.  Put a combination lock back on and text them the combination.  You have to tell them that you have the horse anyway,  otherwise they may report it as stolen.  

If the horse was mine and I knew where it was,  it would be back in my care by now.


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## Handerson653 (22 May 2020)

TPO said:



			Why dont you contact them now?

Report the horse stolen and ask them to accompany you as you retrieve him.

Then if have some sh't hot security set up wherever you are taking him to stop the ex taking him again.
		
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I actually wrote my ex a letter 2 days ago telling him that he had 48hrs to return the horse or I was getting the police. I advised welfare as he had been in a back garden. So my ex had moved him quite far away.....I found him yesterday and the police will be my next step once the 48hrs is up.


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## Amymay (22 May 2020)

Handerson653 said:



			I actually wrote my ex a letter 2 days ago telling him that he had 48hrs to return the horse or I was getting the police. I advised welfare as he had been in a back garden. So my ex had moved him quite far away.....I found him yesterday and the police will be my next step once the 48hrs is up.
		
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Just go and get him.


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## ycbm (22 May 2020)

I don't think the police are going to be interested,  as this is a break up situation and it seems to me a genuine civil dispute over care of the horse. 

I don't understand why you don't just go and fetch him if you can prove he is yours.

.


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## Handerson653 (22 May 2020)

ycbm said:



			I don't think the police are going to be interested,  as this is a break up situation and it seems to me a genuine civil dispute over care of the horse.

I don't understand why you don't just go and fetch him if you can prove he is yours.

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I think I might just do that.....I’m just a bit of a worry wart that police will do me for criminal damage.....


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## ycbm (22 May 2020)

I don't know how much more reassurance you want.  If a rapist gets seven years and a shoplifter a caution,  do you think the police are going to be interested in a cut and replaced padlock? Have you checked if the gate can be lifted off its hinges? There would be no crime at all if it can.  Take photos of the gate before and after.  Take a beefy man with you.  

.


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## Handerson653 (22 May 2020)

ycbm said:



			I don't know how much more reassurance you want.  If a rapist gets seven years and a shoplifter a caution,  do you think the police are going to be interested in a cut and replaced padlock? Have you checked if the gate can be lifted off its hinges? There would be no crime at all if it can.  Take photos of the gate before and after.  Take a beefy man with you. 

.
		
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Yes I have considered this all overnight.....and I think you are right....I just didn’t want to be rash....and wanted to take a considered approach....he’s safe right now which is my priority so next step is getting him out - thanks


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## MissTyc (22 May 2020)

Good luck. When animals get caught up in broken relationships, it's always tricky and I know there must be a lot of conflicting emotions and anxieties swirling around your mind. 

I echo everyone who has said get the horse back asap, even if you need to break him. Just make sure you replace anything you physically have to damage - padlock, gate, fence, etc ...   

Also, very importantly, where are you going to put your horse? Is there any risk of your ex coming back to steal him back? Make sure that people know the situation and will stand with you and your horse. x


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## Handerson653 (22 May 2020)

MissTyc said:



			Good luck. When animals get caught up in broken relationships, it's always tricky and I know there must be a lot of conflicting emotions and anxieties swirling around your mind.

I echo everyone who has said get the horse back asap, even if you need to break him. Just make sure you replace anything you physically have to damage - padlock, gate, fence, etc ...  

Also, very importantly, where are you going to put your horse? Is there any risk of your ex coming back to steal him back? Make sure that people know the situation and will stand with you and your horse. x
		
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Everyone knows the horse and that I am the owner....I’ve just secured a new yard which he does not know and there are only 2 close friends that know about this all.....so it’s not likely that he will try to get him back


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## D66 (22 May 2020)

Is the horse microchipped and registered to you?  If not get it done as soon as you have him back.


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## neddy man (22 May 2020)

First of all report the theft to the police. Cut the chain mid length remove horse fasten with a new cheap padlock they can still open the gate with their key .


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## neddy man (22 May 2020)

.


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## cobgoblin (22 May 2020)

neddy man said:



			First of all report the theft to the police. Cut the chain mid length remove horse fasten with a new cheap padlock they can still open the gate with their key .
		
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Good idea.. They end up with two padlocks on the chain.


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## Pearlsasinger (22 May 2020)

Just be aware that should you accept a police caution, you are admitting guilt and so would have a criminal record, if it should come to that.  However, I would follow neddyman's advice and get the horse back asap, with as little damage as possible to the field owner's property..


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## Parrotperson (22 May 2020)

how do you prove the horse is yours? Passport isn't proof of ownership much like the V5 isn't proof of ownership of a car. You need to be able to prove its yours so if you have the original receipt from purchase you'll be in ab better position legally. 

It could just end up with him saying  the horse is his and you saying otherwise. I'd phone the BHS legal line too. worth joining just to get access to it in this situation.


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## Dusty 123 (22 May 2020)

You need to to get the horse out there quickly . If he is moving the horse around he could move the horse to a location that the horse cannot be found  or even worse sale the horse so you couldn’t find the horse. I would cut the gate, get the horse and just tie it back if the police got called you just need to explain what happened.


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## neddy man (22 May 2020)

Hopefully you have a receipt of purchase if not did you buy from the last named person on the passport if so contact them for a receipt, dont say why.


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## PictusSweetDreams (22 May 2020)

Criminal damage -  they may give you a telling off/ slap on the wrists but they won’t be locking you up and throwing away the key. You say you are concerned for the horses welfare and yet the horse is still in the field.  Please, go and get your horse.


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## cremedemonthe (23 May 2020)

As others have said, go and get him, stop delaying. He might sell your horse, have you thought of that then he's gone for good.
Personally, I would cut the chain and just cable tie the chain back, wouldn't waste money or time in replacing anything as police are not interested "civll matter" seems to cover everything these days and I am sick of hearing it. If you take some large mates with you, it is a deterrent if he turns up, if not let him have it, sounds like he deserves a lesson in manners and respect. 
Oz


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## cremedemonthe (23 May 2020)

cremedemonthe said:



			As others have said, go and get him, stop delaying. He might sell your horse, have you thought of that then he's gone for good.
Personally, I would cut the chain and just cable tie the chain back, wouldn't waste money or time in replacing anything as police are not interested "civll matter" seems to cover everything these days and I am sick of hearing it. If you take some large mates with you, it is a deterrent if he turns up, if not let him have it, sounds like he deserves a lesson in manners and respect.
Oz
		
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Adding on: I have witnessed travellers cutting open gates with bolt cutters to gain access to a field for their caravans, twice , reported it both times. The police did nothing, NOT interested


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## Red-1 (23 May 2020)

Going against the grain, I would not commit criminal damage to get the horse back. Future employers may not think it is a minor an offence as other posters on here do. 

If I could take the gate off the hinges, I would do. If the field was accessible in another way, such as taking down wire and replacing, I would do. But cut the chain or padlock? No.

Do you have proof of ownership? Is it a husband or partner? 

If the horse was secure, I would contact a solicitor.


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## ycbm (23 May 2020)

Is there a any realistic chance it would ever be investigated? 

.


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## bonny (23 May 2020)

Red-1 said:



			Going against the grain, I would not commit criminal damage to get the horse back. Future employers may not think it is a minor an offence as other posters on here do. 

If I could take the gate off the hinges, I would do. If the field was accessible in another way, such as taking down wire and replacing, I would do. But cut the chain or padlock? No.

Do you have proof of ownership? Is it a husband or partner? 

If the horse was secure, I would contact a solicitor.
		
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There’s every chance that you couldn’t cut the chain or padlock anyway. A few people have said cut the padlock off like it’s easy .....they are used for a reason ! There will be much easier ways of getting the horse out. Has the OP disappeared anyway ?


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## luckyoldme (23 May 2020)

Is the ex disputing ownership or has he just taken the horse to be nasty?


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## ILuvCowparsely (23 May 2020)

Handerson653 said:



			Hi during a recent break up my ex has stolen my horse. He has no interest and I know that the horse isn’t in good condition. I have asked him to return him. I knew where he was but I couldn’t access him. I called animal welfare and my ex has moved the horse thankfully now to a field. I have spent the past few days looking for the horse and I have now found him. Does anyone know where I stand regards just removing the horse from the field!  He is on grass livery and the gate is padlocked. Tia
		
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I lost my pony a few years back to colic, she was only 5, I purchased her from a friend, ( all above board), I had her 1 week and she colicked,  rushed to RVC,   returned 6 weeks later colic , this time  it all went south and we could not save her, turned out to be
*Mesenteric rent entrapment*

    I was devastated, my friend said she would give me my ponies son  but during the 6 weeks things went sour with her, and her bf disappeared with 6 of her horses,   He did not want them just being a barsteward.   She found our where the went, and the state of them was awful, bad feed bad  bodily condition.  ( I have pictures included my ponies son)

  I horse    WHW involved and trading standards,  I even offered to buy the pony and he said no.  and threatened me with coming back to take my pony ( she was already dead by this time )  Nothing worked  I never got anywhere , and his whereabouts is still a mystery.   



The boyfriend even got a second passport, which you cannot do but he did, even though friends was original, and the vaccines were dated long before the split

  The    boyfriend  registed him as Billy born 2nd June grey NF pony.



   Had I had this time again, I would have got someone to go get him and hide him for me.  Love to know where Billy is now. 




Good luck


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## fredflop (24 May 2020)

Personally I’d take legal advice before doing anything.

the general consensus on here for any problem is “just take the horse it’s yours”.

whilst this may be easier in this scenario as it’s just a field.... there’s not many YO’s that will welcome a stranger onto their yard, and point them in the direction of the horse person has come to take away


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## JennBags (24 May 2020)

The other point to consider by taking the horse is that you'd be leaving the other horse alone in the field and he could injury himself if he is not used to it, I've seen horses turn themselves inside out at being left alone.


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## Clodagh (24 May 2020)

JennBags said:



			The other point to consider by taking the horse is that you'd be leaving the other horse alone in the field and he could injury himself if he is not used to it, I've seen horses turn themselves inside out at being left alone.
		
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I was going to say that. Also never accept a caution (unless you really must!) as it is with you forever.

I don’t know how much money you have but there are companies that would help you. Bailiff type people who get flygrazers moved. I can’t see the police turning up without a major incident tbh.


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## Pearlsasinger (24 May 2020)

JennBags said:



			The other point to consider by taking the horse is that you'd be leaving the other horse alone in the field and he could injury himself if he is not used to it, I've seen horses turn themselves inside out at being left alone.
		
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That isn't actually OP's responsibility, although most of us would not want a horse to injure itself following our actions.  If OP's story is correct and she is the sole owner of this horse which has been removed illegally from her care, it would appear that the YO is complicit in the theft.  If this was anything but a horse, it would be classed as 'receiving stolen goods'.  As it's a horse for some reason the law doesn't seem to apply.


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## DabDab (24 May 2020)

I hope the OP has gone and retrieved her horse now. 
I certainly would have done, one way or another (I'd probably have replaced the padlock with an identical version,maybe they just forgot the combination...). Horse ownership isn't particularly easy for the law to sort out, nor are they particularly interested in doing so. Ultimately the person who has possession usually ends up keeping the horse, and maybe they are made to pay half back to the other person.


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## Bob notacob (27 May 2020)

ycbm said:



			Breaking and entering is for property,  not for a field.  It would be criminal damage to cut the padlock.  If they report it,  you'll probably be asked to apologise and at absolute worst case given a caution, which is not a criminal record. If you leave a replacement,  it's unlikely anything will happen.  Put a combination lock back on and text them the combination.  You have to tell them that you have the horse anyway,  otherwise they may report it as stolen.

If the horse was mine and I knew where it was,  it would be back in my care by now.
		
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Cutting a palock is not criminal intent or damage ,if the intent is not perceived by the first party , as criminal . See "sweet versus parsloe" Mens rea must apply. Taking ones horse back does not necessarily involve criminal damage ,even if it involves damage . For criminal damage there must be criminal intent.Ps mens rea means guilty intent.


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## Bob notacob (27 May 2020)

Bob notacob said:



			Cutting a palock is not criminal intent or damage ,if the intent is not perceived by the first party , as criminal . See "sweet versus parsloe" Mens rea must apply. Taking ones horse back does not necessarily involve criminal damage ,even if it involves damage . For criminal damage there must be criminal intent.Ps mens rea means guilty intent.
		
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Incidentally I have used sweet versus parsloe to great effect . Rather like Doc Holidays shotgun at the OK coral.


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## Roasted Chestnuts (27 May 2020)

Go get your horse. I wouldn’t be long in getting a padlock off by hook or crook. Buy a new one and lock the gate again and leave the keys then once horse is on route to new home text land owner. Police have more on their plate right now than attending for a horse retrieval


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## DabDab (27 May 2020)

Bob notacob said:



			Cutting a palock is not criminal intent or damage ,if the intent is not perceived by the first party , as criminal . See "sweet versus parsloe" Mens rea must apply. Taking ones horse back does not necessarily involve criminal damage ,even if it involves damage . For criminal damage there must be criminal intent.Ps mens rea means guilty intent.
		
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Do you mean Sweet vs Parsley? I'm pretty sure that if someone intends to cut a padlock and then does in fact cut a padlock, they can be said to have suitable mens rea.


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## ycbm (27 May 2020)

Bob notacob said:



			Cutting a palock is not criminal intent or damage ,if the intent is not perceived by the first party , as criminal . See "sweet versus parsloe" Mens rea must apply. Taking ones horse back does not necessarily involve criminal damage ,even if it involves damage . For criminal damage there must be criminal intent.Ps mens rea means guilty intent.
		
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Sorry Bob, cutting a chain or padlock rather than using the law to retrieve your horse when it is safe,  healthy,  fed and watered,   would be criminal damage.  But I'd eat a few hats if the police were remotely interested.  And I can say for a certainty that if that horse was mine it wouldn't have been in that field twelve hours after I had found it.  

.


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## ycbm (27 May 2020)

luckyoldme said:



			Is the ex disputing ownership or has he just taken the horse to be nasty?
		
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This is the one we need an answer to!  OP has disappeared faster than the horse did.

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## ycbm (27 May 2020)

bonny said:



			There’s every chance that you couldn’t cut the chain or padlock anyway. A few people have said cut the padlock off like it’s easy .....they are used for a reason ! There will be much easier ways of getting the horse out. Has the OP disappeared anyway ?
		
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Bolt croppers, Bonny.  They are the reason that padlocks on gates and vans are set inside steel cases so you can insert a key but not get at them with a pair of bolt croppers.  

.


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## Bob notacob (3 June 2020)

ycbm said:



			Bolt croppers, Bonny.  They are the reason that padlocks on gates and vans are set inside steel cases so you can insert a key but not get at them with a pair of bolt croppers. 

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Even better is the battery powered disc cutter ,which can deal everso effectively with both the lock and any casing .Wear your ppe  .


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## MagicMelon (9 June 2020)

I'd demand that you get access to the horse tomorrow (ie. no padlock on the gate so you can collect it) otherwise you'll be reporting him to the police for theft. That might scare him?  If you go tomorrow and still padlocked, I'd cut the padlock and take it. Its your horse and you have concerns for its welfare. If you cant cut the padlock, you say its in with another horse so find out who owns it (or the land if rented) and demand access from them?


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## Velcrobum (9 June 2020)

The OP has not been back to HHO since 22nd May when they last posted!!


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## Bob notacob (11 June 2020)

Velcrobum said:



			The OP has not been back to HHO since 22nd May when they last posted!!   

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Hope it has been resolved.


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