BrigandDoom
Posts: 155
Joined: 12/29/2007 From: Nottingham Status: offline
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quote:
ORIGINAL: Alumbrado quote:
ORIGINAL: BrigandDoom quote:
ORIGINAL: TheHungryTiger quote:
I just love how they make it vague and such. Its not. The term 'serious injury' has a very percice legal meaning. Its linked to the difrence between ABH and GBH. However, since this meaning is defined elsewhere in the law, and not in the CJIA itself, people just assume that it is vague. But as you said, the whole thing has already been debated to death. If nobody listened then, its unlikely anyone will listen now. Once people buy into the notion of 'the law is so vague it could apply to anything' its hard to convince them that the sky isnt falling. Its not people think that, its a fact! Even long serving barristers, judges, solicitors and professors of law are baffled by it! There is no way that it can be defined as precise as even our government can not yet say what is or is not legal under sections 62-67. There is no case law to support this act. nor have any parameters been set by the legislators themselves. It seems that all sides are now awaiting the first court case in order to try and get some clarity. Btw, if your wondering I am a qualified solicitor so I do know what I am talking about. I read the 'defenses' clauses, and it certainly appears that this is pretzel logic... the law won't apply if the hitting, etc. is pornogrpahic but consensual, unless it is deemed to be outside the scope of consensual? WTF? The wording is so ambiguous and vague no-one can actually define what the parameters are. You can almost gurantee that the first peson prosecuted under this new act will have lergal aid and will not get a good defence as a result. There will be appeals, judicial reviews and undoubtly the ECHR will end up getting involved. All of this over another knee jerk law introduced by a government tjhat worries about political spin more than it does about governing consensually.
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Brigand Doom There is only one, accept no alternatives!
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