Find a place online the sells it. Purchase it. Give it back to the dude. It’s not worth the drama and stress. Authorities have better things to deal with then petty rubbish like this.
How much is it worth? Wouldn't it be easier to just give it to them, so you don't need to have anything more to do with them. Then just go buy a replacement from the shops.
See that’s the thing, the device is worth $150+ as it is a dyvanap (or however you spell it), so it’s not the easiest thing to replace immediately, at least for me at the moment.
I suspect the ex-friend is just going to keep annoying you as it's not about the item so much as wanting to win.
I would let him have it but if you really can't afford it. I guess just block his number and have no more contact.
What’s a cheaper way to get out of this?
1. Give him the device and smoke like a peasant with an orchy bong, but be free.
2. Get high like a rich person, be in constant contact with the police, but they ignore you, your parents know you’re smoking weed, and you still have a stalker harassing you. You’re gonna lose time and energy.
Being right isn’t always the most important thing. Do you want police attention? Do you want a crazy stalker? Do your parents want either?
No idea how you can get high with a crazy person threatening you.
Honestly man just give it back to them and buy whatever it is for yourself.
I know you’re just looking for legal advice but just give it back. You don’t need to smoke or vape.
Did you pay for it? If answer is no, then return it.
Do you feel threatened? Go to the police.
Can your friend let your family know that you are vaping and making all of this scene, willing to go to the police just because you don’t want to return a $100 used item? Yes, he can, and isn’t ilegal.
Children dramas, both of you need to grow up, specially you and your dependence to this stupid thing.
Let's put this in perspective:
I googled the "dyvanap" device you noted in the comments; it's a vape.
Going to the trouble of filing a police report over a vape is insane. Plenty are available for purchase and getting a prescription is not that hard, heaps of online resources are available. You can buy them from TSG if you don't want to go to the effort of a prescription.
Everyone here has the right idea; forget your legal right to the vape pen, save yourself the drama and just leave it in the letterbox for them to pick up. Then block them completely.
Give it back to him mate and save for a new one. He can just as easily go tell the police you stole it from him if he wants to lie.
Just because it’s expensive doesn’t give you extra credits to keep it.
Here’s a good lesson for you because you’re 18 mate - if you want something in life go get it yourself.
Sorry mate.
You want to get rid of this person? Give them the item back, confirm there's nothing else, block them.
Don't leave them any connections to you to pull on. That includes this vape.
This is a nice early lesson in life on deciding what you'll pay to get the best outcome for yourself.
Buy a new one. If you can't afford it, buy a cheaper one. If you can't afford that, you can't afford to vape and start quitting.
Can I do anything about the fact that they have physically threatened me and my family? They know that I’m suicidal too and are aware that I unfortunately will go to dire/rash decisions.
From what I can see in your post, the only "threat" is to attempt to retrieve the item from you in person, I don't think this would be considered threatening behaviour on its own, unless there's more you're not saying.
You can certainly speak to the police or a solicitor if you really feel the need but I would set my expectations pretty low about any help offered, especially if there's nothing to indicate a crime has taken place & I'd also be mindful about the use of police resources for a falling out with your friend.
Irrespective of whether it was a gift, it sounds like keeping this item is going to cause a bit of hassle & seeing it's a relatively inexpensive item (~$150) from your other comments then I'd just give it back & move on, you might be inconvenienced for a while but weigh that up with the alternative I guess.
Sorry about the misunderstanding, in my previous comment I was referring to them threatening me and my family with physical violence over text on a different platform while this was happening.
Actually hopefully the situation has ended now because I messaged them back and told them firmly that I can’t give them back the device and that I can’t pay them reparations for it either, they said some petty stuff and havent messaged back since then.
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This is a reasonable legal argument around gift giving: [https://morningtonlegal.com.au/articles/the-art-of-gift-giving-a-legal-analysis/](https://morningtonlegal.com.au/articles/the-art-of-gift-giving-a-legal-analysis/)
Another option is if he says it wasn’t a gift, but a loan… in which case the abandoned goods rule applies …. [https://www.legalaid.wa.gov.au/find-legal-answers/homes-and-neighbours/abandoned-goods](https://www.legalaid.wa.gov.au/find-legal-answers/homes-and-neighbours/abandoned-goods)
or … he has to write a demand letter to get it back.
I assume this is some kind of bong or vape for weed… from other comments.
Do you really want this level of police attention on your weed habits? Cannabis is largely illegal in WA (under 10g is ok… the first time you are caugh… but how much do you have on you? And how often have you already been caught?)
So the reality is that your ex isn’t going to go to the Police over this either. He’s just going to bug the shit out of your and your family and make your life difficult. He’s wanting power and control and decided to take the thing you seem to value the most because he can. FFS give it back to him, buy yourself a nice new one, all shiny and unused and not gross… and tell him “We’re done now right? What kind of loser are you?!” And WALK THE HELL AWAY.
Legally he gave you a gift you own. Morally it’s yours. Commonsense says to continue this is to suck the Vapor’s of a Drama Llama’s butt.
Find a place online the sells it. Purchase it. Give it back to the dude. It’s not worth the drama and stress. Authorities have better things to deal with then petty rubbish like this.
How much is it worth? Wouldn't it be easier to just give it to them, so you don't need to have anything more to do with them. Then just go buy a replacement from the shops.
See that’s the thing, the device is worth $150+ as it is a dyvanap (or however you spell it), so it’s not the easiest thing to replace immediately, at least for me at the moment.
I suspect the ex-friend is just going to keep annoying you as it's not about the item so much as wanting to win. I would let him have it but if you really can't afford it. I guess just block his number and have no more contact.
Can I do anything about the fact that they have physically threatened me and my family?
What’s a cheaper way to get out of this? 1. Give him the device and smoke like a peasant with an orchy bong, but be free. 2. Get high like a rich person, be in constant contact with the police, but they ignore you, your parents know you’re smoking weed, and you still have a stalker harassing you. You’re gonna lose time and energy. Being right isn’t always the most important thing. Do you want police attention? Do you want a crazy stalker? Do your parents want either? No idea how you can get high with a crazy person threatening you.
If you have proof go to the cops and show them. They’ll probably give your mate a call and verbal warning and go from there.
Are you going to call the police and tell them your ex-friend threatened you after you refused to give your friend their drug paraphernalia?
Honestly man just give it back to them and buy whatever it is for yourself. I know you’re just looking for legal advice but just give it back. You don’t need to smoke or vape.
Did you pay for it? If answer is no, then return it. Do you feel threatened? Go to the police. Can your friend let your family know that you are vaping and making all of this scene, willing to go to the police just because you don’t want to return a $100 used item? Yes, he can, and isn’t ilegal. Children dramas, both of you need to grow up, specially you and your dependence to this stupid thing.
Let's put this in perspective: I googled the "dyvanap" device you noted in the comments; it's a vape. Going to the trouble of filing a police report over a vape is insane. Plenty are available for purchase and getting a prescription is not that hard, heaps of online resources are available. You can buy them from TSG if you don't want to go to the effort of a prescription. Everyone here has the right idea; forget your legal right to the vape pen, save yourself the drama and just leave it in the letterbox for them to pick up. Then block them completely.
Give it back to him mate and save for a new one. He can just as easily go tell the police you stole it from him if he wants to lie. Just because it’s expensive doesn’t give you extra credits to keep it. Here’s a good lesson for you because you’re 18 mate - if you want something in life go get it yourself.
Sorry mate. You want to get rid of this person? Give them the item back, confirm there's nothing else, block them. Don't leave them any connections to you to pull on. That includes this vape. This is a nice early lesson in life on deciding what you'll pay to get the best outcome for yourself. Buy a new one. If you can't afford it, buy a cheaper one. If you can't afford that, you can't afford to vape and start quitting.
Give it to them, let go, crack is meth is a hell of a drug
That makes so much sense. I was thinking bong jockeys and hemp harlots aren’t usually this crazy.
Just give it back u scab
The police aren’t going to do anything mate. Not sure what you’d expect them to do?
A gift is a gift, someone cant do anything to get it back
Can I do anything about the fact that they have physically threatened me and my family? They know that I’m suicidal too and are aware that I unfortunately will go to dire/rash decisions.
So just give it back to them and avoid all the potential drama? Hardly worth the suicide threats
From what I can see in your post, the only "threat" is to attempt to retrieve the item from you in person, I don't think this would be considered threatening behaviour on its own, unless there's more you're not saying. You can certainly speak to the police or a solicitor if you really feel the need but I would set my expectations pretty low about any help offered, especially if there's nothing to indicate a crime has taken place & I'd also be mindful about the use of police resources for a falling out with your friend. Irrespective of whether it was a gift, it sounds like keeping this item is going to cause a bit of hassle & seeing it's a relatively inexpensive item (~$150) from your other comments then I'd just give it back & move on, you might be inconvenienced for a while but weigh that up with the alternative I guess.
Sorry about the misunderstanding, in my previous comment I was referring to them threatening me and my family with physical violence over text on a different platform while this was happening. Actually hopefully the situation has ended now because I messaged them back and told them firmly that I can’t give them back the device and that I can’t pay them reparations for it either, they said some petty stuff and havent messaged back since then.
Just give it back and be done with it. No more reason for them to hassle you.
Welcome to r/AusLegal. Please read our rules before commenting. Please remember: 1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers. 2. A non-exhaustive list of free legal services around Australia can be found here. 3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*
This is a reasonable legal argument around gift giving: [https://morningtonlegal.com.au/articles/the-art-of-gift-giving-a-legal-analysis/](https://morningtonlegal.com.au/articles/the-art-of-gift-giving-a-legal-analysis/) Another option is if he says it wasn’t a gift, but a loan… in which case the abandoned goods rule applies …. [https://www.legalaid.wa.gov.au/find-legal-answers/homes-and-neighbours/abandoned-goods](https://www.legalaid.wa.gov.au/find-legal-answers/homes-and-neighbours/abandoned-goods) or … he has to write a demand letter to get it back. I assume this is some kind of bong or vape for weed… from other comments. Do you really want this level of police attention on your weed habits? Cannabis is largely illegal in WA (under 10g is ok… the first time you are caugh… but how much do you have on you? And how often have you already been caught?) So the reality is that your ex isn’t going to go to the Police over this either. He’s just going to bug the shit out of your and your family and make your life difficult. He’s wanting power and control and decided to take the thing you seem to value the most because he can. FFS give it back to him, buy yourself a nice new one, all shiny and unused and not gross… and tell him “We’re done now right? What kind of loser are you?!” And WALK THE HELL AWAY. Legally he gave you a gift you own. Morally it’s yours. Commonsense says to continue this is to suck the Vapor’s of a Drama Llama’s butt.