Constantly Furious has used a picture of a dog howling at the moon to illustrate this post about the legal effect of strict liability, and with good reason. Go and read it, and weep.
The moral is, if you were going to do your bit and help out, don't. Just don't. Go home. Your help is not wanted.
Shouldn't this have been defended on the grounds that the prosecution fails the public interest test in the Code of Practice for Crown Prosecutors and therefore there has been an abuse of process?
ReplyDeleteThere is an overriding principle that can be invoked, but sadly the case will have to go up to the Court of Appeal, after leave is sought and granted. I think it may even have to reach the House of Lords. I hope it isn't dragged out for months. Why wasn't the law scrutinised properly in the first place? Not those MPs again, and why did the CPS pursue the case? I hope the safety net for when this type of situation arises is adequate.
ReplyDeleteGoing back to your post, a duty of care arising once you go to help someone does deter and in this case, the police should express their gratitude that a shotgun is removed from the streets. Apart from the harm it could do, it helps their statistics.
I think something is fishy about this, I can't see why the cops would press to nick someone who turned in a shortgun he found.
ReplyDelete:: Perhaps they sought a conviction in order to be entitled to add him to the DNA database? ::
ReplyDelete[Btw my previous comment was not suggesting that they are. It was just to highlight to Patently a weakness in a scheme that requires an individual to have a conviction before that person's DNA can be added to the DNA database. This was a topic which was hotly debated on this blog last week.]
ReplyDeleteAlso, FireArms Act 1968 s51A(2) states:
ReplyDeleteThe court shall impose an appropriate custodial sentence (or order for detention) for a term of at least the required minimum term (with or without a fine) unless the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.
So he will most likely be let off, but he does appear to have been an idiot if all is to be believed.
w0w. yea they probably did seek convitction in order to get him into the system. This is what the United States does daily. I always thought it was just an american thing. i like your blog, Im following you. I want quality people to follow me. Follow me too.
ReplyDeleteStudythebiblenotthesermon.blogspot.com