Theft of gas - who can be charged???

[cruiser]

When I need advice, I come to my "friends" at PERB and find a variety of opinions. In this case, I would like to ask for your feedback.

I have a friend who rented a car under her name...but let her brother drive it. The brother doesn't hold a credit card and had no way of getting a rental car, so begged and pleaded with his sister, and she broke down and rented him a car.

Anyways, the brother took the car out of town and on the way back, he stopped at a gas station and did a "gas and dash". He filled up the car, but did not pay for his gas. This happened at 700pm tonight. At 1100pm, my friend receives a phone call from the RCMP advising her of this.

She takes it very calmly, whereas I'm getting all excited. I tell her that 1) she could lose her job if she gets a criminal charge (her job involves working with money and she needs to be bonded). 2) It could affect her credit rating, because her name will be attached to the "gas and dash".

She did tell the RCMP that she wasn't there when it happened, and thinks that nothing can happen to her....I say "your name is attached to the car"...do you think that car company will rent to you again? If you get a criminal charge, you lose access to crossing the border, etc.

My question is: what ramifications could she have to deal with ???

Would appreciate feedback on this one....

thanks,

 

[Irishlad]

In reply to your questions....

First of all....your friend needs to give her brother a kick in the ass! Not literally, as I don't advocate violence, but figuratively for committing a theft. Secondly, she needs to give herself a kick in the ass for renting a car under false pretences and allowing her brother, whom she no doubt knows has a propensity to do stupid things, to drive it. The rental agreement for the car would have required her to name anyone who was going to be a driver. She knew her brother was going to get the car, so she was dishonest in her completion of the rental agreement.

Having said that, she cannot be charged for the theft of gas. Presumably she had no knowledge her brother was going to commit theft. In order to be charged with theft she would have had to either commit the crime herself, or aided or abetted another person in the commission of the crime. In other words it would mean she would have had to have "mens rea"...which means having a guilty mind or in layman's terms, having criminal intent. She had none of this. Although there are occassions where a registered owner of a car may be charged for an offence that another person has committed with their car, this applies only to certain Highway Traffic offences, which is a provincial law, not a criminal law. Theft is criminal law and there are no provisions for charging a registered owner, or in this case the person to whom the car was rented.

So, bottom line your friend has no criminal repercussions concerning theft to be concerned about. As for the issue of credit damage...I doubt that would apply though I do not profess to know with 100% certainty. As for her lying on her rental agreement, it would be highly unlikely this would result in the police recommending charges to crown, but certainly if the rental company learned of this, any insurance coverage she may have had would be null and void if her brother had an accident driving that car.

Ahhhhh... the stupid things we do when we're younger. If her brother had any small, tucked away, hidden piece of decency, he would come forward and own up to the police about his indescretion. This would take the pressure off his sister and unless he has some horrendously lengthy criminal record, a charge of stealing a tank of gas is not going to result in a significant sentence.

 

[Pantherdash]

When I need advice, I come to my "friends" at PERB and find a variety of opinions. In this case, I would like to ask for your feedback.

I have a friend who rented a car under her name...but let her brother drive it. The brother doesn't hold a credit card and had no way of getting a rental car, so begged and pleaded with his sister, and she broke down and rented him a car.

Anyways, the brother took the car out of town and on the way back, he stopped at a gas station and did a "gas and dash". He filled up the car, but did not pay for his gas. This happened at 700pm tonight. At 1100pm, my friend receives a phone call from the RCMP advising her of this.

She takes it very calmly, whereas I'm getting all excited. I tell her that 1) she could lose her job if she gets a criminal charge (her job involves working with money and she needs to be bonded). 2) It could affect her credit rating, because her name will be attached to the "gas and dash".

She did tell the RCMP that she wasn't there when it happened, and thinks that nothing can happen to her....I say "your name is attached to the car"...do you think that car company will rent to you again? If you get a criminal charge, you lose access to crossing the border, etc.

My question is: what ramifications could she have to deal with ???

Would appreciate feedback on this one....

thanks,

I would say none...Sure the car is rented under her name but it wasn't she who drove off without paying for the gas. If she has an alibi it should be a cinch. The gas station should have cameras in which case it would show her brother not her driving off without paying for the gas. The charge would be theft under and if her brother cooperates with police he should get off lightly. What an idiot! Tell her that her brother should own up to being a dumb fuck and to get his shit together. As far as credit rating goes, why would it show up there?!? I would assume the rental company probably would not rent to her again, however. Her responsibilty is to the condition of the car, not any criminal acts that are committed while driving the vehicle, unless a criminal act damages the vehicle or any other vehicle, in which case the insurance company would back out and not cover the damages.

...I'm not a lawyer so tell her to consult one, or better yet tell her brother to consult one and have him pay for it. Bad move on her part for renting a vehicle to an irresponsible person, but in no way should she be held criminally responsible for his stupid mistake. Think of it! There is no Habeas Corpus to prove that SHE acted criminally. And even he can claim that he "forgot" to pay and unless he has any priors for theft, the police can't prove otherwise. IMHO you are over-reacting.

Panther

 

[Pantherdash]

I guess Irish lad types faster than me cause his response was not up when I wrote it. But it's pretty much the same.

He'd also make a better lawyer. It wasn't Habeas Corpus I was looking for but Mens Rea, a culpable mind. Oops!

Panther

 

[Irishlad]

Hey Panther...we were sure on the same page with our replies. Admit it...you've got to have some Irish in that heritage of yours.....lol...

 

[CalgaryJenn]

I know that when I was living in Windsor, I got talking to a station owner because they had a photo of a car on the wall. At the time, people were printing license plates on their computers and placing them over the real plate. When the camera captured it, they looked real, but the crooks got away with a free tank of gas.
I asked why he put the picture up, and he told me that the police don't bother with drive off's. He was told to deal with the person if he himself ever catches them. WTF???? Theft is theft!!!
I don't know how true it is that RCMP or city police won't do anything, but in this case they told him, "Oh well, you deal with it."

 

[Pantherdash]

Hey Panther...we were sure on the same page with our replies. Admit it...you've got to have some Irish in that heritage of yours.....lol...

I must because I posted in response to some other thread and I beat QM'r to the punch, minutes after my post here. So I asked him if we should all go out for a whiskey and a pint seeing as the bars are still open.

On another note, Calgary Jenn is right, most of the time the police, especially the VPD are too busy to deal with minor theft. Not sure how the RCMP deal with it, but if it's the same it sends out the wrong message.

The should put up signs like they do in Virginia gas stations, warning potential thieves that should they drive off without paying for gas they could lose their license. THAT would make you think twice!

Panther

 

[cruiser]

Interesting feedback....

The brother in question is 43 years old (my friend is 44)....and the funny thing is that she often uses the rental company with her job....now it's interesting how that will turn out.

I can't say whether or not she told the rental company if her brother was going to be the primary driver (or not)....but, as noted above, her reputation with the rental company will now be damaged.

 

[mick_eight]

I put 10000 k driving in USA last yr, this don't happen anymore. It's all card or pre pay. And canada is soon the same, a lot are. Also all rental agreements state any crimminal acts arn't covered

 

[ThighMan]

The brother in question is 43 years old (my friend is 44)....and the funny thing is that she often uses the rental company with her job....now it's interesting how that will turn out.

I can't say whether or not she told the rental company if her brother was going to be the primary driver (or not)....but, as noted above, her reputation with the rental company will now be damaged.

If she named the brother as the principle driver on the rental agreement then there should be no problem. There is no requirement that the principle driver be the person paying for the rental. All the rental car companies care about is that someone is paying for the rental and that all the drivers have valid driving licences and are over 25 years of age. The rental company will probably tag her brothers licence number and he will not be able to be named as a driver with them again.

If she did not name him as the principle driver but as an additional driver or not at all then there could be a problem. Since she had no intention of driving the car herself then letting her brother drive is without being named the principle driver would be a violation of the rental contract (essentially fraud by misrepresentation).

As for here credit rating, there should be no problem. The rental car company is not responsible for the theft and does not have to pay for the gas. Therefore, they are not going to go after your friend's credit card for the value of the gas. However, if the police impound the car, your friend is going to be stuck with any cost arising from said impoundment. But as long as she pays all fees levied by the rental car company, it will not effect her credit.

 

[IQof10]

Sounds like the brother doesn’t give two shits about the sister. The g&d cannot affect her criminally but seeing she has signed for the veh she can be financially liable for any damage he causes to the veh, especially if she has not declared him as the second driver.

I’m sure a hit and run would be no problem with this bro either. ICBC could sue her, the rental company could sue her, the other party if injured can sue her. Hell the g&d is the least of her problems.

 

[ThighMan]

This happened at 700pm tonight. At 1100pm, my friend receives a phone call from the RCMP advising her of this.

Sounds like the brother doesn’t give two shits about the sister. The g&d cannot affect her criminally but seeing she has signed for the veh she can be financially liable for any damage he causes to the veh, especially if she has not declared him as the second driver.

I’m sure a hit and run would be no problem with this bro either. ICBC could sue her, the rental company could sue her, the other party if injured can sue her. Hell the g&d is the least of her problems.

Has the brother returned the car yet? If not I would be very worried about something more serious happening. Good call IQ.

 

[cruiser]

The brother was supposed to return the car this afternoon (Friday)....she avoids talking about the "situation" and I don't press her for details.

The theft occurred in small town Alberta and the car was rented out of Edmonton. She uses this same rental company for business trips...I'm curious how they'll now look at her when she calls up for a rental ??