Napoleon Ier wrote:No, I am quoting legislation correctly, you have quoted it incorrectly. You are out of your depth.Dancing Mustard wrote:Unfortunately for you Nappy Ire, my quote is also current UK legislation; I found it in a book called 'Archbold Criminal Evidence and Proceedings', with which I am sure you are familiar. Just in case you're not though I'll tell you what it is, it's the foremost criminal practitioner's manual in the UK, in other words, it's the book that judges read the law from.
What this boils down to is this: I'm right here, and you're talking out of your gaping rectum.
Yeah? Is that right? I honestly I doubt I'd be 'out of my depth' when discussing the subject of UK Criminal Law with any member of this forum. I mean, unless you'd like to reveal the fact that you're a top QC...
But hey, let's go examine your 'points' to find out just how 'out of my depth' I really am:
Napoleon Ier wrote:Section 1 of the CPA is refering to weapons intended for offensive use, which you can't actualy prove, a pocket knife could well be simply used for utility.
I'm afraid you're not quite right there my verbose little friend; but don't worry, people who attempt to cite random legalese they found on the internet despite the fact that they have no legal knowledge tend to be.
Let's see what the House of Lords has to say on the subject of 'intent':
According to the judgement of Lord Lane in R v Simpson 78 Cr.App.R 115, S.1 is referring to any tool designed for, adapted for, or intended for, causing injury.
As for a definition of 'intended for' we need look no further than R v Edmonds [1963] 2 QB 142 where we find that this intent is satisfied by an intent to use the article to cause fear, and that the intent to use the article as 'offensive' is assumed where no useful and immediate task for the item can be cited by the accused.
So I think we can rather safely conclude that a pocket-knife can indeed be classified as an 'offensive weapon' regardless of its length. Whether the CPS would regard a prosecution as being in the public interest is another matter, but the fact is that you're just plain old wrong about pocket-knives not falling within the scope of S.1. It's that simple.
Napoleon Ier wrote:rather than using misquoted legisltation to seem clever whilst in fact proving f*ck-all, go read, think, intellectually mature, then come and debate. Or at least have a respectful tone.
Proving fuck-all? Not so much kiddo.
Trying to sound clever? Nope, I was just providing an accurate answer to another member of the forum... it was you who started the 'brain measuring contest' when you began ranting and raving because you hoped you'd scare me into admitting that I was somehow in error.
In conclusion, I'm afraid that you just don't know what you're talking about, and no amount of vitriolic ranting is going to change that. Trust me, I know an awful lot about UK criminal law, and you're not going to win this one, no matter how hard you dredge wikipedia.
Really though, It's a shame Nappy, this debate was going so very smoothly until you got into a little tiz and started trying to flame me. How about you take yourself a time-out and come back when you're prepared to stop acting like a hypocrite?