NSW Debit Card and Mobile Phone High School Student

Discussion in 'Criminal Law Forum' started by Audrey T, 18 May 2019.

  1. Audrey T

    Audrey T Member

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    My daughter's iPhone and debit card got stolen at her high school. The student who took it went and purchased items from the school canteen and after school from petrol station. Total value of $50. Theft was reported to both school and Police. Card fraud department informed. School identified the student from CCTV and reported findings to the police. Also interviewed the student. We have been informed that the mobile phone has been destroyed. It is still under contract/No insurance to replace it $590... Can someone tell me what is most likely to happen next? As the police officer who took my daughter's statement is off for 7 days. Thank you
     
  2. sammy01

    sammy01 Well-Known Member

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    You will need to push for the cops to do anything. The child should be charged under the juvenile justice act. But like i said, you'll have to push the cops to do anything. It is likelly the school will say it is a police matter and they will do nothing.

    There is no real compensation that you can pursue in regards to replacing the phone. So the lesson here is a cheap $100 phone and pre-paid is a better option.
    Sorry i don't have any better suggestions for you.
     
  3. Tim W

    Tim W Lawyer
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    Informed by whom?
    Unless you've seen the wreckage, for all you reliably know,
    the kid sold it. Or, still has it.

    At least, talk to the carrier, and have it bricked. They can kill the phone using the IMEI.
    The contracting party is still liable for the phone contract (that's probably you).
    No, the carrier is not required to automatically release you from the contract.
    You took the punt of not insuring it, and you lost. No reason for them to forgo that revenue.
    Truth be? Not much.
    The cops will not trouble themselves to charge the kid, unless you press hard.
    The school gives not a jot. They just want the matter closed and off the books.
    In any event, although the CCTV may been worth something,
    any admissions the kid made in an unsupervised interview by the school
    are not worth a pinch, prosecution evidence-wise.

    The alternative may be a small claims civil action against the child and the parents, jointly and severally.
    You may be able to mediate it out.

    And (assuming your kid was not assaulted and robbed etc), make sure they sharpen up,
    when it comes to looking after their stuff.
     
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  4. KKaren

    KKaren Well-Known Member

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    Can’t you call the parents of the kid who stole the stuff and demand they pay?
     
  5. sammy01

    sammy01 Well-Known Member

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    bad idea.... You can ask them to pay for it. They can tell you to get stuffed.
     
  6. KKaren

    KKaren Well-Known Member

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    You can try.
     
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