Out of touch judges

Discussion in 'The NAAFI Bar' started by Bushmills, Jun 21, 2012.

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  1. A TERRITORY magistrate has been accused of opening "Pandora's box" after dismissing an assault case because the man was on his first "acid" trip and wasn't responsible for his actions.

    James Kidd, 22, had assault charges against him dismissed in Darwin Magistrates Court because he was incoherent and not criminally responsible.

    Magistrate John Lowndes used a unique part of the NT Criminal Code to find Kidd did not "act with the necessary mental elements" to be held accountable for his crime.

    "In order to be criminally responsible there needs to be a marriage between the physical elements and the mental elements," he said.

    Dr Lowndes found that Kidd - who was on his first LSD trip and couldn't remember attacking June Moffatt in her front yard - was not in his right mind.

    Ms Moffatt, 52, said she fears this will become a precedent for future offenders to escape prosecution.

    "It's opened Pandora's box," she said. She said her attacker took the acid of his own free will and should have to take responsibility for what happened.

    On November 26, 2010, Ms Moffatt was punched in the head at least three times before being picked up and thrown to the ground where she lost consciousness.

    The violent attack was sparked by Ms Moffatt's threats to call police if Kidd did not leave the front yard of her Millner home. "He had enough wits about him to react when I said the word cops," she said.

    Prosecutor Sam Burke said: "His behaviour went from extremely violent and agitated to confused, apologetic and scared.

    "He hit her deliberately, in response to her words, hard, and it was undoubtedly intentional."

    But Dr Lowndes said Kidd had to "foresee" the possible consequences of his conduct to be criminally responsible - but couldn't when experimenting with drugs for the first time.

    He said Kidd would not have known the drugs would "predispose him to violent behaviour".

    sMs Moffatt said she was "devastated' the charges were thrown out of court simply because her attacker was oblivious to his crime.
    Anger after acid tripper off hook | News | NT News | Darwin, Northern Territory, Australia | ntnews.com.au
     
  2. I cant find the words to respond. No, I cant be arsed. It was only a matter of time.
     
  3. Its Australia, One criminal lets another criminal off. The magistrates Greatdad might have been transported with the other fellas Grandad.
     
  4. I had a falling out of the ways with my landlord 3 years ago for £400 in Czech Crowns.

    It FINALLY reached Court in the Czech Republic today.

    I explained that someone asking me to sign a contract written in Czech was one thing. Being enforceable in law was something else.

    Given the lack of heating during winter - heating being something you pay for in advance, I dropped off the keys in the box and fucked off, to keep a long story short.

    Even though a lawyer and Notary Public questioned whether I could understand the contract I had to sign, the Judge in contravention of both Czech national law AND European Union law ruled the contract valid and therefore, I have to pay.

    Good lady Judge K is livid.

    BUT

    I do disagree with the trial judge but at least she has her own opinion - a development in the justice system here.

    Her detailing of the case will be interesting and so will my appeal which will go to the Court of Appeal...

    ...where good lady Judge K works on ... Rent and Customer contract disputes.

    Unfortunately, she is thoroughly honest but see above.
     
  5. Hands up who gives a fuck?
     
  6. The_Duke

    The_Duke LE Moderator

    So in short, you signed a legally binding document that you couldn't read, and therefore have no clear knowledge of what you have agreed to? And you are somehow surprised that the judge has decided that as you signed it, you are bound by it?
     
  7. This is why being drunk is not a defence. Being drunk or high is only a defence if it has been administered to you unwillingly or without your knowledge. If you commit a crime as a result of being willfully inebriated you face the full weight of the law.

    Incapacity through drink or drugs can be used as mitigation. I think this judge took mens rea a little too literally here.
     
  8. This means that every banjo plucker in the place will take acid, do a crime and, if caught get off because the acid made me do it maaaaaaaaaaaaaaaaate. I will be glad to gert out of this red neck sh*thole.
     
  9. Now I can use this to remove the evil cow who has been destroying me for 20 plus years what a chap now all I need is they money to get the cow and my self to Aus and some acid.
     
  10. You have truth...

    Friends in the Czech Republic are quickly aquired. They want your money

    At this point, as a workman, you have to take people at their word.

    Not for the normal that you take everything to a solicitor who can explain the ins and outs.

    When a Legally appointed Notary questions whether I understand every nuance and former said friend explains that ... I will translate for him... Yes. I am a bit pissed off.

    As posted, I said I was keeping it short.

    The Judge today was wrong. In my uninformed, with the exception of the opinion of a Judge of the Appeals Court, Czech Republic, to decide the way she did.

    In Euro law, signing a document in a language you do not understand does constitute contract. Obviously, if you have lived in the country and speak like a native, hard luck. But a legal contract after 6 months in a country should not constitute contract.
     
  11. If you didn't understand the Contract and you knew that you didn't understand the Contract, then why did you sign it.

    What I'm getting at is that it would have been your responsibility to get advice before you signed anything.

    Just my 2p's worth

    FC
     
    • Like Like x 1
  12. My hands are so far down my knuckle hairs are singeing on the earth's mantle.
     
    • Like Like x 3
  13. Deary me, you never served did you? Or if you did you must have been missing for lesson 2 (Lesson 1 being where the toilets are)
    NEVER volunteer
    NEVER sign for ANYTHING. Especially if you don't know what is written down.
    Trust nobody.
     
  14. After R. v Kingston [mid nineties, can't recall off the top of my head] involuntary intoxication isn't a defence if it can be shown you had the mens rea anyway. Kingston was a bloke with paedophilic tendencies, and he fell out with his business partners. They had a great idea- they drugged some kids off the street, invited Kingston round, drugged him with some spiked coffee, and then one of the business partners and Kingston (being somewhat coerced by one of his partners) proceeded to rape the kids.

    It was a fucking shit plan. But the court held that since Kingston had intended to rape the kids, or sexually assault them, or whatever, intoxication was irrelevant.
     
  15. I sniggered like a sniggering thing at that. If fact a small bubble came out of one of my nostrils. /images/smilies/icon_biggrin.gif