spen666
Well-Known Member
You clearly know better than me.
I have explained what a defence is, I have also explained what mitigation is.
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You clearly know better than me.
I have explained what a defence is, I have also explained what mitigation is.
newfhouse
pleb
But maybe not. With that attitude I’m not sure I’d be instructing you.
spen666
Well-Known Member
I refer you to my earlier answers
I have explained what a defence is and what mitigation is.
I am not going to start trying to comprehend your situation which neither specifies what the offence is, what the relevance of common law is and is completely lacking in details.
Provide me with the witness statements, the CCTV footage, the defendant's interview tapes and £5000 plus VATon account of cost and I will happily diarise time to give you legal advice
newfhouse
pleb
No, you’re ok. I think your customer facing skills are a bit lacking if that’s your approach when we’re just spitballing on a forum.
icowden
Squire
That would clearly form part of his defence. Mitigation might take into account that he was coked up to his eyeballs and therefore hit Barney a lot more than might have been reasonable in the circumstances.
The issue with the contempt guy is that he was given a direction by the Court which he chose to ignore. He is now taking the penalty for that. He was offered a way out, twice, by the Judge. The Judge therefore gave him both metaphorical barrels. The Judge had directed that the motives for the civil obedience were not to be mentioned, only the circumstances of the civil disobedience so that the Jury could decide whether the defendant had broken the law. He clearly felt that the motivation would unduly sway the opinion of the Jury.
matticus
Guru
I would like to think that if I was paying for spen's time he would be much less of a dick.
On this forum he's free to be a dick, and we're free to think he's being a dick. That's irrespective of his (hard to doubt) knowledge.
AuroraSaab
Squire
Wouldn't the same apply in other cases? A murderer defending him/herself wouldn't be allowed to use emotive special pleading about how the victim deserved it in his/her closing speech, would they? You might try to bring out evidence during witness questioning that the accused was provoked or something, but that would be trying to elicit evidence not present justification.
newfhouse
pleb
The issue, with respect, isn’t whether he held the court in contempt - he did and admitted such - but that a judge chose to issue that direction. Was that justified? I don’t think it was the right thing to do even if legally possible, but IANAL.
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AndyRM
Elder Goth
You don't know shoot.
My solicitor knows more and he'd write it on the back of a stamp.
AndyRM
Elder Goth
A
albion
Guest
https://www.theguardian.com/environ...in-effect-banned-new-refurbished-homes-london
A positive I guess.
I have noticed that in the more affluent areas, at weekends, toxicity feels high.
A positive I guess.
I have noticed that in the more affluent areas, at weekends, toxicity feels high.
the snail
Active Member
Yes, the jury is free to acquit the defendant regardless of the evidence, advice from the judge etc. I think the judge felt the defendant was guilty and didn't want the jury to acquit because they sympathised with him.
AuroraSaab
Squire
I could never understand how the wood burner thing was allowed to take off. They're a terrible idea.
A
albion
Guest
https://road.cc/content/news/cycling-uk-praises-welsh-governments-roads-review-299329
Seems the Welsh government fo accept that he right to drive 5 miles in a 2 tonne box is a threat to our existence.
Seems the Welsh government fo accept that he right to drive 5 miles in a 2 tonne box is a threat to our existence.
