Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

A Question of Law.

Re: A Question of Law.

Postby dls » Mon Jan 30, 2017 7:14 am

triken3 - you are dreaming. calling DD's assertion a misrepresentation is just plain silly. You can properly disagree with it, but exactly that representation was supported by a fair selection of the judges who heard it. it was approved by the High court in Northern ireland.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 12196
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: A Question of Law.

Postby Hairyloon » Mon Jan 30, 2017 3:05 pm

atticus wrote:I did not say that you are stupid.

But you did say they had an agenda...
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 10017
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: A Question of Law.

Postby atticus » Mon Jan 30, 2017 3:13 pm

Yes, this is so very true, and I welcome that helpful contribution. I said the things I said, and I did not say the things I did not say.
User avatar
atticus
 
Posts: 19704
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: A Question of Law.

Postby Hairyloon » Mon Jan 30, 2017 3:59 pm

I note you did not say anything in reply to OP's request for clarification on your allegation of their agenda...
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 10017
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: A Question of Law.

Postby atticus » Mon Jan 30, 2017 4:13 pm

Oh but I did; you appear to have misunderstood (indeed you have misquoted me earlier).
User avatar
atticus
 
Posts: 19704
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: A Question of Law.

Postby Denning » Tue Jan 31, 2017 10:21 am

atticus wrote:Highly likely. If the ingredients of the offence cannot be made out, the question becomes even dafter.

Can you elucidate by way of an example how the ingredients of an offence can be explicitly made out?
Denning
 
Posts: 553
Joined: Thu Nov 15, 2012 4:41 am

Re: A Question of Law.

Postby atticus » Tue Jan 31, 2017 10:26 am

By evidence. You identify the elements of the offence you seek to prove, and you endeavour to prove each of them. If you are unable to prove a necessary element, your case fails.
User avatar
atticus
 
Posts: 19704
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: A Question of Law.

Postby jantra » Wed Feb 01, 2017 4:16 pm

now I am no expert but I thought fraud had to have an element of forethought i.e. the fraudster knows that their actions are wrong and seek to gain a pecuniary advantage or similar. i'm not sure a politician who truly believes his version of the law is looking to pull the wool over anyone's eyes.
jantra
 
Posts: 447
Joined: Sun Nov 25, 2012 10:59 am

Re: A Question of Law.

Postby Hairyloon » Wed Feb 01, 2017 7:32 pm

jantra wrote:now I am no expert but I thought fraud had to have an element of forethought i.e. the fraudster knows that their actions are wrong and seek to gain a pecuniary advantage or similar. i'm not sure a politician who truly believes his version of the law is looking to pull the wool over anyone's eyes.

Wilful stupidity on that level may be offensive, but it is not an offence.
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 10017
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: A Question of Law.

Postby Smouldering Stoat » Wed Feb 01, 2017 7:40 pm

Exactamundo. The mens rea of fraud requires dishonesty: being honest but wrong, or stupid but wrong, is not enough.

For clarity I don't believe the Secretary of State was stupid. The Government's position was eminently arguable, even if they were mistaken.
Smouldering Stoat
 
Posts: 6293
Joined: Thu Nov 01, 2012 6:31 pm
Location: Near the Creek.

PreviousNext

Return to Constitutional Law

Who is online

Users browsing this forum: No registered users and 1 guest

cron