• Tory Scum

    From The Todal@21:1/5 to All on Tue Nov 21 19:06:23 2023
    Two protesters were “reasonable” in calling Iain Duncan Smith “Tory scum” outside the Conservative party conference, the high court has
    ruled, in a rejection of an attempt to overturn their acquittal.

    Judgment available here: https://www.gardencourtchambers.co.uk/resources/download/565/dpp-manchester-co-763-2023-ac-2022-lon-000887-judgment-for-hand-down-211123-approved.docx

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  • From Roger Hayter@21:1/5 to The Todal on Tue Nov 21 20:46:44 2023
    On 21 Nov 2023 at 19:06:23 GMT, "The Todal" <the_todal@icloud.com> wrote:

    Two protesters were “reasonable” in calling Iain Duncan Smith “Tory scum” outside the Conservative party conference, the high court has
    ruled, in a rejection of an attempt to overturn their acquittal.

    Judgment available here: https://www.gardencourtchambers.co.uk/resources/download/565/dpp-manchester-co-763-2023-ac-2022-lon-000887-judgment-for-hand-down-211123-approved.docx

    Do you know to what extent the recent Tory anti-demonstration laws may have modified the reasonableness defence the magistrate accepted and the appeal court confirmed?

    --
    Roger Hayter

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  • From Mark Goodge@21:1/5 to The Todal on Wed Nov 22 12:41:13 2023
    On Tue, 21 Nov 2023 19:06:23 +0000, The Todal <the_todal@icloud.com> wrote:

    Two protesters were reasonable in calling Iain Duncan Smith Tory
    scum outside the Conservative party conference, the high court has
    ruled, in a rejection of an attempt to overturn their acquittal.

    Judgment available here: >https://www.gardencourtchambers.co.uk/resources/download/565/dpp-manchester-co-763-2023-ac-2022-lon-000887-judgment-for-hand-down-211123-approved.docx

    Freedom of speech includes the freedom to be offensive. Seems the right
    result, to me. Whether someone is justified in using offensive and insulting language is a matter for public opinion, not a court.

    Mark

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  • From Mark Goodge@21:1/5 to Roger Hayter on Wed Nov 22 13:05:34 2023
    On 21 Nov 2023 20:46:44 GMT, Roger Hayter <roger@hayter.org> wrote:

    On 21 Nov 2023 at 19:06:23 GMT, "The Todal" <the_todal@icloud.com> wrote:

    Two protesters were reasonable in calling Iain Duncan Smith Tory
    scum outside the Conservative party conference, the high court has
    ruled, in a rejection of an attempt to overturn their acquittal.

    Judgment available here:
    https://www.gardencourtchambers.co.uk/resources/download/565/dpp-manchester-co-763-2023-ac-2022-lon-000887-judgment-for-hand-down-211123-approved.docx

    Do you know to what extent the recent Tory anti-demonstration laws may have >modified the reasonableness defence the magistrate accepted and the appeal >court confirmed?

    I don't think it would make any difference to this case. The question wasn't whether they were acting lawfully by protesting, it was whether they were acting lawfully in the words they used. Specifically, in this case, it essentially boiled down to whether "Tory scum" was threatening, harassing or distressing (unlawful), or merely offensive (lawful). The court concluded
    that it was the latter. It is not unreasonable to be offensive, even if many people may, with justification, find it distasteful.

    It's possible that changes in the law may make the type of protest that the defendants were engaged in no longer lawful[1]. But that wouldn't affect the question of what form of words constitutes an offence. If the protest itself wasn't lawful they would simply be charged with unlawful protest, it
    wouldn't be necessary to consider whether their words were lawful.

    [1] FWIW, I suspect not. The changes in the law relating to protests are
    mainly targetted at those who wilfully cause significant disruption to
    people going about their normal, everyday lives. It doesn't affect the right
    of people to stand outside a political event and shout abuse at those attending, because the general public are not being disrupted and, in any
    case, the attendees are not being disrupted from attending.

    Mark

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  • From Jon Ribbens@21:1/5 to Mark Goodge on Wed Nov 22 15:46:52 2023
    On 2023-11-22, Mark Goodge <usenet@listmail.good-stuff.co.uk> wrote:
    On 21 Nov 2023 20:46:44 GMT, Roger Hayter <roger@hayter.org> wrote:
    On 21 Nov 2023 at 19:06:23 GMT, "The Todal" <the_todal@icloud.com> wrote:
    Two protesters were “reasonable” in calling Iain Duncan Smith “Tory
    scum” outside the Conservative party conference, the high court has
    ruled, in a rejection of an attempt to overturn their acquittal.

    Judgment available here:
    https://www.gardencourtchambers.co.uk/resources/download/565/dpp-manchester-co-763-2023-ac-2022-lon-000887-judgment-for-hand-down-211123-approved.docx

    Do you know to what extent the recent Tory anti-demonstration laws may have >>modified the reasonableness defence the magistrate accepted and the appeal >>court confirmed?

    I don't think it would make any difference to this case. The question wasn't whether they were acting lawfully by protesting, it was whether they were acting lawfully in the words they used. Specifically, in this case, it essentially boiled down to whether "Tory scum" was threatening, harassing or distressing (unlawful), or merely offensive (lawful). The court concluded that it was the latter. It is not unreasonable to be offensive, even if many people may, with justification, find it distasteful.

    Indeed - what sort of snowflake society would we be if we weren't
    even allowed to call politicians rude names?

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  • From Iain@21:1/5 to All on Wed Nov 22 20:46:33 2023
    Mark Goodge <usenet@listmail.good-stuff.co.uk> Wrote in message:
    On Tue, 21 Nov 2023 19:06:23 +0000, The Todal <the_todal@icloud.com> wrote: >>Two protesters were reasonable in calling Iain Duncan Smith Tory
    scum outside the Conservative party conference, the high court has
    ruled, in a rejection of an attempt to overturn their acquittal.

    Judgment available here: >>https://www.gardencourtchambers.co.uk/resources/download/565/dpp-manchester-co-763-2023-ac-2022-lon-000887-judgment-for-hand-down-211123-approved.docx

    Freedom of speech includes the freedom to be offensive. Seems the right >result, to me. Whether someone is justified in using offensive and insulting >language is a matter for public opinion, not a court.

    Mark


    I'm glad that this was brought up, because it is SO IMPORTANT with
    regard to freedom of speech. I may not always agree with what
    people say, but I will always protect their right to express
    their opinion (of course providing it does not cross the bounds
    of protected characteristics), and "the right to offend, and
    indeed to abuse another". The US's equivalent of freedom of
    pspeech is their First Amendment right.

    Part of the quote from the 2020, Scottow v Crown Prosecution Service
    "The prosecution argument failed entirely to acknowledge the
    well-established proposition that free speech encompasses the
    right to offend, and indeed to abuse another."

    --
    Iain


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  • From Andy Walker@21:1/5 to Jon Ribbens on Thu Nov 23 13:09:24 2023
    On 22/11/2023 15:46, Jon Ribbens wrote:
    Indeed - what sort of snowflake society would we be if we weren't
    even allowed to call politicians rude names?

    "Civilised"?

    It's not so much that it shouldn't be allowed as that we should exercise a degree of self-restraint in the language we use to describe
    those we disagree with. Those who fail in that regard should be called
    out for it -- not least by those on the same side as the targets.

    --
    Andy Walker, Nottingham.
    Andy's music pages: www.cuboid.me.uk/andy/Music
    Composer of the day: www.cuboid.me.uk/andy/Music/Composers/Pridham

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  • From Jon Ribbens@21:1/5 to Andy Walker on Thu Nov 23 13:37:44 2023
    On 2023-11-23, Andy Walker <anw@cuboid.co.uk> wrote:
    On 22/11/2023 15:46, Jon Ribbens wrote:
    Indeed - what sort of snowflake society would we be if we weren't
    even allowed to call politicians rude names?

    "Civilised"?

    No - in fact quite the opposite.

    It's not so much that it shouldn't be allowed as that we should exercise a degree of self-restraint in the language we use to describe
    those we disagree with. Those who fail in that regard should be called
    out for it -- not least by those on the same side as the targets.

    The Tory scum have gone far, far beyond the realm of "polite
    disagreement" or "agree to disagree". They are responsible for
    the deaths of, at least, tens of thousands of people, and for
    the on-going destruction of the country. "Restraint" is not
    "civilised", it is dishonesty.

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  • From Brian W@21:1/5 to Jon Ribbens on Thu Nov 23 06:16:56 2023
    On Thursday, 23 November 2023 at 13:37:50 UTC, Jon Ribbens wrote:
    On 2023-11-23, Andy Walker <a...@cuboid.co.uk> wrote:
    On 22/11/2023 15:46, Jon Ribbens wrote:
    Indeed - what sort of snowflake society would we be if we weren't
    even allowed to call politicians rude names?

    "Civilised"?
    No - in fact quite the opposite.
    It's not so much that it shouldn't be allowed as that we should
    exercise a degree of self-restraint in the language we use to describe those we disagree with. Those who fail in that regard should be called
    out for it -- not least by those on the same side as the targets.
    The Tory scum have gone far, far beyond the realm of "polite
    disagreement" or "agree to disagree". They are responsible for
    the deaths of, at least, tens of thousands of people, and for
    the on-going destruction of the country. "Restraint" is not
    "civilised", it is dishonesty.

    It's an interesting judgment, and worth a read. The behaviour in question is described thus:

    "5. On 4th October 2021, the Conservative Party annual conference was taking place at the Midland Hotel in Manchester. Outside the hotel were a large number of protestors with placards and some with drums. At approximately 15:50 Iain Duncan Smith left
    the Midland Hotel to walk to the Mercure Hotel for a conference about ‘Brexit’. He was accompanied by his wife, Betsy Duncan Smith, and by Primrose Yorke.
    6. Between five and eight protestors, including Ruth Wood, began to follow Mr Duncan Smith remaining some distance behind them at all times.
    7. Witnesses gave evidence that some of those following Mr Duncan Smith were shouting and swearing. There was no evidence as to what, if anything, Ruth Wood said or did at this stage.
    8. As Iain Duncan Smith crossed a side road, an individual ran up behind him and placed a traffic cone on his head. This individual was said to be Elliott Bovill who stood trial with the two defendants but was found not guilty following a submission made
    at the close of the prosecution case that the identification was so weak that, following the guidance in Galbraith and Turnbull, no tribunal of fact could properly convict the defendant.
    9. Mr Duncan Smith removed the traffic cone, called the protestors ‘pathetic’ and continued on his way.
    10. The prosecution case against Ruth Wood was based upon video footage taken at this point in the incident, after the traffic cone had been removed and shortly before Mr Duncan Smith arrived at the Meridian hotel. In the footage, Ruth Wood can be seen
    and heard banging a drum and shouting, still some distance behind Iain Duncan Smith and his party.
    11. The prosecution case was that in the footage Ruth Wood had called Iain Duncan Smith a ‘Tory cunt’. However, after the footage was played in cross-examination to the Officer in the Case, DC Foy, the Crown accepted that she clearly said ‘Tory
    scum’. Officers confirmed that some of the other protestors who had been part of the group following Iain Duncan Smith were arrested but not charged.
    12. Iain Duncan Smith, Betsy Duncan Smith and Primrose Yorke gave evidence that they felt alarmed as a result of the events."

    Personally, although "Tory scum" isn't a phrase I'd choose to use myself to someone, I think it's quite right that mere use of that phrase, or other similar abusive language, to a politician isn't enough to constitute "using threatening, abusive or
    insulting words or behaviour with intent to cause a person harassment, alarm or distress". Apart from anything else, I strongly suspect that mere verbal abuse is water off a duck's back to an experienced senior politician such as Duncan Smith.

    What is interesting, though, is that the defendants apparently followed him (albeit at a distance) whilst repeating the abuse. I could imagine that there must be a point whereby following a person down a street whilst verbally abusing them crosses the
    line in respect of this particular offence. Evidently the judge didn't think that line had been crossed, but there must be a point where the recipient would start to feel alarmed and/or distressed - I suppose the issue would be whether the perpetrator
    intends such alarm and/or distress.

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  • From Handsome Jack@21:1/5 to Mark Goodge on Thu Nov 23 16:52:10 2023
    Mark Goodge <usenet@listmail.good-stuff.co.uk> wrote:
    On Tue, 21 Nov 2023 19:06:23 +0000, The Todal <the_todal@icloud.com> wrote:

    Two protesters were ?reasonable? in calling Iain Duncan Smith ?Tory
    scum? outside the Conservative party conference, the high court has
    ruled, in a rejection of an attempt to overturn their acquittal.

    Judgment available here: >>https://www.gardencourtchambers.co.uk/resources/download/565/dpp-manchester-co-763-2023-ac-2022-lon-000887-judgment-for-hand-down-211123-approved.docx

    Freedom of speech includes the freedom to be offensive. Seems the right result, to me. Whether someone is justified in using offensive and insulting language is a matter for public opinion, not a court.



    In fact, though, the defendants did a lot more than using offensive and insulting language:

    "5. On 4th October 2021, the Conservative Party annual conference was taking place at the Midland Hotel in Manchester. Outside the hotel were a large number of protestors with placards and some with drums. At approximately 15:50 Iain Duncan Smith left
    the Midland Hotel to walk to the Mercure Hotel for a conference about ???Brexit???. He was accompanied by his wife, Betsy Duncan Smith, and by Primrose Yorke.
    6. Between five and eight protestors, including Ruth Wood, began to follow Mr Duncan Smith remaining some distance behind them at all times.
    7. Witnesses gave evidence that some of those following Mr Duncan Smith were shouting and swearing. There was no evidence as to what, if anything, Ruth Wood said or did at this stage.
    8. As Iain Duncan Smith crossed a side road, an individual ran up behind him and placed a traffic cone on his head. This individual was said to be Elliott Bovill who stood trial with the two defendants but was found not guilty following a submission made
    at the close of the prosecution case that the identification was so weak that, following the guidance in Galbraith and Turnbull, no tribunal of fact could properly convict the defendant.
    9. Mr Duncan Smith removed the traffic cone, called the protestors ???pathetic??? and continued on his way.
    10. The prosecution case against Ruth Wood was based upon video footage taken at this point in the incident, after the traffic cone had been removed and shortly before Mr Duncan Smith arrived at the Meridian hotel. In the footage, Ruth Wood can be seen
    and heard banging a drum and shouting, still some distance behind Iain Duncan Smith and his party.
    11. The prosecution case was that in the footage Ruth Wood had called Iain Duncan Smith a ???Tory cunt???. However, after the footage was played in cross-examination to the Officer in the Case, DC Foy, the Crown accepted that she clearly said ???Tory
    scum???. Officers confirmed that some of the other protestors who had been part of the group following Iain Duncan Smith were arrested but not charged.
    12. Iain Duncan Smith, Betsy Duncan Smith and Primrose Yorke gave evidence that they felt alarmed as a result of the events."


    In fact, then, IDS was pursued down the road by a howling mob, one of whom assaulted him. The police should have charged them all with threatening behaviour, not the s.4A(1) offence.

    There were two women with IDS, too. What happened to all the stuff we've been hearing about zero tolerance for violence against women? Does it not apply when the women are Tory Cunts?

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  • From Mark Goodge@21:1/5 to All on Thu Nov 23 21:15:14 2023
    On Thu, 23 Nov 2023 16:52:10 -0000 (UTC), Jack@handsome.com (Handsome Jack) wrote:

    In fact, then, IDS was pursued down the road by a howling mob,
    one of whom assaulted him. The police should have charged them
    all with threatening behaviour, not the s.4A(1) offence.

    The police were unable to pursue a charge against the one who actually assaulted him, due to their inability to identify him. That is, obviously, unfortunate, and may well have contributed to their rather unwise decision
    to try to charge the others with something else. But the fact that one individual did assault him doesn't make the rest guilty. There's no evidence that they were acting in concert, it's more likely that the cone wielder
    just happened to find himself in the right (or wrong) place at the right (or wrong) time.

    There were two women with IDS, too. What happened to all the stuff we've been >hearing about zero tolerance for violence against women?

    The court concluded that it wasn't violence.

    Does it not apply when the women are Tory Cunts?

    Tory scum, if you read the report again.

    Mark

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  • From Mark Goodge@21:1/5 to brianwhitehead@hotmail.com on Thu Nov 23 21:10:25 2023
    On Thu, 23 Nov 2023 06:16:56 -0800 (PST), Brian W
    <brianwhitehead@hotmail.com> wrote:

    What is interesting, though, is that the defendants apparently
    followed him (albeit at a distance) whilst repeating the abuse.
    I could imagine that there must be a point whereby following a
    person down a street whilst verbally abusing them crosses the
    line in respect of this particular offence. Evidently the judge
    didn't think that line had been crossed, but there must be a
    point where the recipient would start to feel alarmed and/or
    distressed - I suppose the issue would be whether the perpetrator
    intends such alarm and/or distress.

    Context matters. Politicians are used to being verbally abused. Whether they should be or not is, of course, a valid point of debate, but the fact
    remains that they are. So it isn't going to come as a surprise to them.

    In particular, at major party conferences there is always a significant gathering of protestors. Running the gauntlet of chanting protestors is
    normal for conference attendees. I've done it myself. But it's all theatre. There is no intent to cause harm to attendees, even high profile ones. It's
    as much about getting noticed by the media as it is by the people you're yelling at. And, again, the more experienced a politician you are, the more
    you will be aware of this. So the prospect of the target of such verbal
    abuse feeling genuinely threatened is low. They may well, of course, feel annoyed. But the line, on the whole, lies somewhere between causing
    annoyance and causing distress. The type of protest engaged in in this case does not cross it.

    I was at a party conference a few years ago (quite possibly the one which
    led to this case, I can't remember precisely) when we were faced with the
    usual throng of screaming protestors as we entered and left the venue. On
    the last day, as we were leaving, I walked up to one of the protestors,
    shook his hand and said "Thanks for coming, it wouldn't be the same without you". He looked at me and said "thanks" in return, almost automatically,
    before realising that he'd just accidentally fraternised with the enemy and turned and walked away.

    Mark

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  • From Brian W@21:1/5 to Mark Goodge on Fri Nov 24 01:32:27 2023
    On Thursday, 23 November 2023 at 22:54:44 UTC, Mark Goodge wrote:
    On Thu, 23 Nov 2023 06:16:56 -0800 (PST), Brian W
    <brianwh...@hotmail.com> wrote:

    What is interesting, though, is that the defendants apparently
    followed him (albeit at a distance) whilst repeating the abuse.
    I could imagine that there must be a point whereby following a
    person down a street whilst verbally abusing them crosses the
    line in respect of this particular offence. Evidently the judge
    didn't think that line had been crossed, but there must be a
    point where the recipient would start to feel alarmed and/or
    distressed - I suppose the issue would be whether the perpetrator
    intends such alarm and/or distress.
    Context matters. Politicians are used to being verbally abused. Whether they should be or not is, of course, a valid point of debate, but the fact
    remains that they are. So it isn't going to come as a surprise to them.

    That's exactly what I said. Verbal abuse is water off a duck's back to politicians. Verbal abuse coupled with other behaviour, such as following the politician as they walk away, will at some point cross the line. The judge decided in this case that it
    didn't, but in other circumstances it might.

    In particular, at major party conferences there is always a significant gathering of protestors. Running the gauntlet of chanting protestors is normal for conference attendees. I've done it myself. But it's all theatre. There is no intent to cause harm to attendees, even high profile ones. It's as much about getting noticed by the media as it is by the people you're yelling at. And, again, the more experienced a politician you are, the more you will be aware of this. So the prospect of the target of such verbal
    abuse feeling genuinely threatened is low. They may well, of course, feel annoyed. But the line, on the whole, lies somewhere between causing
    annoyance and causing distress. The type of protest engaged in in this case does not cross it.

    I was at a party conference a few years ago (quite possibly the one which
    led to this case, I can't remember precisely) when we were faced with the usual throng of screaming protestors as we entered and left the venue. On
    the last day, as we were leaving, I walked up to one of the protestors,
    shook his hand and said "Thanks for coming, it wouldn't be the same without you". He looked at me and said "thanks" in return, almost automatically, before realising that he'd just accidentally fraternised with the enemy and turned and walked away.

    Mark

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  • From Pamela@21:1/5 to Mark Goodge on Fri Nov 24 14:41:01 2023
    On 21:15 23 Nov 2023, Mark Goodge said:
    On Thu, 23 Nov 2023 16:52:10 -0000 (UTC), Jack@handsome.com wrote:


    In fact, then, IDS was pursued down the road by a howling mob, one of
    whom assaulted him. The police should have charged them all with
    threatening behaviour, not the s.4A(1) offence.

    The police were unable to pursue a charge against the one who actually assaulted him, due to their inability to identify him.

    Isn't there some form of collective responsibility in English law?

    That is, obviously, unfortunate, and may well have contributed to
    their rather unwise decision to try to charge the others with
    something else. But the fact that one individual did assault him
    doesn't make the rest guilty. There's no evidence that they were
    acting in concert, it's more likely that the cone wielder just
    happened to find himself in the right (or wrong) place at the right
    (or wrong) time.


    [SNIP}

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  • From notyalckram@gmail.com@21:1/5 to Mark Goodge on Fri Nov 24 07:56:43 2023
    On Thursday, 23 November 2023 at 22:55:28 UTC, Mark Goodge wrote:
    On Thu, 23 Nov 2023 16:52:10 -0000 (UTC), Ja...@handsome.com (Handsome Jack) wrote:
    In fact, then, IDS was pursued down the road by a howling mob,
    one of whom assaulted him. The police should have charged them
    all with threatening behaviour, not the s.4A(1) offence.
    The police were unable to pursue a charge against the one who actually assaulted him, due to their inability to identify him. That is, obviously, unfortunate, and may well have contributed to their rather unwise decision
    to try to charge the others with something else. But the fact that one individual did assault him doesn't make the rest guilty. There's no evidence that they were acting in concert, it's more likely that the cone wielder
    just happened to find himself in the right (or wrong) place at the right (or wrong) time.
    There were two women with IDS, too. What happened to all the stuff we've been
    hearing about zero tolerance for violence against women?
    The court concluded that it wasn't violence.
    Does it not apply when the women are Tory Cunts?
    Tory scum, if you read the report again.

    Mark

    IDS is definitely a Tory and scum is a matter of subjective opinion.

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  • From Jethro_uk@21:1/5 to Pamela on Fri Nov 24 20:47:30 2023
    On Fri, 24 Nov 2023 14:41:01 +0000, Pamela wrote:

    On 21:15 23 Nov 2023, Mark Goodge said:
    On Thu, 23 Nov 2023 16:52:10 -0000 (UTC), Jack@handsome.com wrote:


    In fact, then, IDS was pursued down the road by a howling mob, one of
    whom assaulted him. The police should have charged them all with
    threatening behaviour, not the s.4A(1) offence.

    The police were unable to pursue a charge against the one who actually
    assaulted him, due to their inability to identify him.

    Isn't there some form of collective responsibility in English law?

    from which collective punishment seems a logical step.

    Lidice ?

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  • From Roger Hayter@21:1/5 to jethro_uk@hotmailbin.com on Fri Nov 24 21:17:13 2023
    On 24 Nov 2023 at 20:47:30 GMT, "Jethro_uk" <jethro_uk@hotmailbin.com> wrote:

    On Fri, 24 Nov 2023 14:41:01 +0000, Pamela wrote:

    On 21:15 23 Nov 2023, Mark Goodge said:
    On Thu, 23 Nov 2023 16:52:10 -0000 (UTC), Jack@handsome.com wrote:


    In fact, then, IDS was pursued down the road by a howling mob, one of
    whom assaulted him. The police should have charged them all with
    threatening behaviour, not the s.4A(1) offence.

    The police were unable to pursue a charge against the one who actually
    assaulted him, due to their inability to identify him.

    Isn't there some form of collective responsibility in English law?

    from which collective punishment seems a logical step.

    Lidice ?

    We do have "joint enterprise". It has been used for really unjust punishments for peripheral or junior members of mobs/crowds. But the courts have
    restricted its scope in the last few years. If applied to political demonstrations in its original form it would probably have got us a place next to North Korea or China in human rights terms, but it was mainly used against criminal gangs, the underclass and racial minorities. Perhaps someone knows more about the relevant cases?




    --
    Roger Hayter

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  • From Pamela@21:1/5 to All on Fri Nov 24 21:34:09 2023
    On 20:47 24 Nov 2023, Jethro_uk said:

    On Fri, 24 Nov 2023 14:41:01 +0000, Pamela wrote:

    On 21:15 23 Nov 2023, Mark Goodge said:
    On Thu, 23 Nov 2023 16:52:10 -0000 (UTC), Jack@handsome.com wrote:


    In fact, then, IDS was pursued down the road by a howling mob, one of
    whom assaulted him. The police should have charged them all with
    threatening behaviour, not the s.4A(1) offence.

    The police were unable to pursue a charge against the one who actually
    assaulted him, due to their inability to identify him.

    Isn't there some form of collective responsibility in English law?

    from which collective punishment seems a logical step.

    Lidice ?

    I was thinking whether this case could be considered a joint enterprise.

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  • From Mark Goodge@21:1/5 to All on Fri Nov 24 23:25:52 2023
    On Fri, 24 Nov 2023 14:41:01 GMT, Pamela <uklm@permabulator.33mail.com>
    wrote:

    On 21:15 23 Nov 2023, Mark Goodge said:
    On Thu, 23 Nov 2023 16:52:10 -0000 (UTC), Jack@handsome.com wrote:


    In fact, then, IDS was pursued down the road by a howling mob, one of
    whom assaulted him. The police should have charged them all with
    threatening behaviour, not the s.4A(1) offence.

    The police were unable to pursue a charge against the one who actually
    assaulted him, due to their inability to identify him.

    Isn't there some form of collective responsibility in English law?

    Only if it can be proven that the group were acting collectively.

    Mark

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From David McNeish@21:1/5 to Pamela on Fri Nov 24 16:29:38 2023
    On Friday, 24 November 2023 at 22:42:29 UTC, Pamela wrote:
    On 20:47 24 Nov 2023, Jethro_uk said:

    On Fri, 24 Nov 2023 14:41:01 +0000, Pamela wrote:

    On 21:15 23 Nov 2023, Mark Goodge said:
    On Thu, 23 Nov 2023 16:52:10 -0000 (UTC), Ja...@handsome.com wrote:


    In fact, then, IDS was pursued down the road by a howling mob, one of >>>> whom assaulted him. The police should have charged them all with
    threatening behaviour, not the s.4A(1) offence.

    The police were unable to pursue a charge against the one who actually >>> assaulted him, due to their inability to identify him.

    Isn't there some form of collective responsibility in English law?

    from which collective punishment seems a logical step.

    Lidice ?
    I was thinking whether this case could be considered a joint enterprise.

    I don't think you can really make a case for that unless you can prove there was some sort of common purpose to make the assault, rather than just
    one of them doing their own thing.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Andy Walker@21:1/5 to Jon Ribbens on Sat Nov 25 00:29:33 2023
    On 23/11/2023 13:37, Jon Ribbens wrote:
    Indeed - what sort of snowflake society would we be if we weren't
    even allowed to call politicians rude names?
    "Civilised"?
    No - in fact quite the opposite.

    But calling people [not only politicians, but anyone with or about
    whom you are having a discussion] rude names does nothing to advance your argument and alienates anyone who does not already agree with you. Indeed, name-calling suggests that you have no sensible argument to propose.

    It's not so much that it shouldn't be allowed as that we should
    exercise a degree of self-restraint in the language we use to describe
    those we disagree with. Those who fail in that regard should be called
    out for it -- not least by those on the same side as the targets.
    The Tory scum have gone far, far beyond the realm of "polite
    disagreement" or "agree to disagree". They are responsible for
    the deaths of, at least, tens of thousands of people, and for
    the on-going destruction of the country.

    So are you claiming, extraordinarily, that "they" deliberately set
    out to slaughter people and destroy the country [examples?]; or merely that they made [in your opinion] mistakes and that the policies of other parties would [in your opinion] have been better? Assuming the latter, that is the sort of thing that gets debated at a General Election. Better that. and a secret ballot, than mob violence whipped up by demagogues shouting "scum,
    scum" or worse, and disrupting meetings.

    "Restraint" is not
    "civilised", it is dishonesty.

    Lack of restraint is either self-defeating [in that whatever message you may have is lost in the shouting], or leads to the triumph of those who manage to whip up the mobs. I don't see that either of those is more honest [or desirable] than calmly making your case.

    Further, while I agree with Mark and others, elsewhere in this sub- thread, that experienced politicians are well used to dealing with hecklers
    and worse, and don't need legal protection from that, I think it is worth pointing out that /prospective/ politicians see MPs and councillors [and
    even scientists] being murdered, having death threats made against them and their families, and being howled down, jostled and assaulted, and must think twice about whether it's worth it. The result can only be that some good people decide it isn't and are lost to public service.

    --
    Andy Walker, Nottingham.
    Andy's music pages: www.cuboid.me.uk/andy/Music
    Composer of the day: www.cuboid.me.uk/andy/Music/Composers/Hause

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From notyalckram@gmail.com@21:1/5 to Pamela on Sat Nov 25 04:24:24 2023
    On Friday, 24 November 2023 at 19:31:48 UTC, Pamela wrote:
    On 21:15 23 Nov 2023, Mark Goodge said:
    On Thu, 23 Nov 2023 16:52:10 -0000 (UTC), Ja...@handsome.com wrote:


    In fact, then, IDS was pursued down the road by a howling mob, one of
    whom assaulted him. The police should have charged them all with
    threatening behaviour, not the s.4A(1) offence.

    The police were unable to pursue a charge against the one who actually assaulted him, due to their inability to identify him.
    Isn't there some form of collective responsibility in English law?

    Yes if a group of people act together to commit a crime - e.g. a robbery where a victim gets killed - they had a common purpose in committing a crime.

    No if a group of people are doing something legal - e.g. barracking a politician - and one of them decides to assault him / her.
    Same if you are drinking in a pub and one of your mates gets into a punch up with another customer. OTOH if you join in it can become affray.

    That is, obviously, unfortunate, and may well have contributed to
    their rather unwise decision to try to charge the others with
    something else. But the fact that one individual did assault him
    doesn't make the rest guilty. There's no evidence that they were
    acting in concert, it's more likely that the cone wielder just
    happened to find himself in the right (or wrong) place at the right
    (or wrong) time.


    [SNIP}

    --- SoupGate-Win32 v1.05
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  • From Jon Ribbens@21:1/5 to Andy Walker on Sat Nov 25 12:20:33 2023
    On 2023-11-25, Andy Walker <anw@cuboid.co.uk> wrote:
    On 23/11/2023 13:37, Jon Ribbens wrote:
    Indeed - what sort of snowflake society would we be if we weren't
    even allowed to call politicians rude names?
    "Civilised"?
    No - in fact quite the opposite.

    But calling people [not only politicians, but anyone with or about
    whom you are having a discussion] rude names does nothing to advance your argument and alienates anyone who does not already agree with you. Indeed, name-calling suggests that you have no sensible argument to propose.

    If you say so.

    It's not so much that it shouldn't be allowed as that we should
    exercise a degree of self-restraint in the language we use to describe
    those we disagree with. Those who fail in that regard should be called
    out for it -- not least by those on the same side as the targets.
    The Tory scum have gone far, far beyond the realm of "polite
    disagreement" or "agree to disagree". They are responsible for
    the deaths of, at least, tens of thousands of people, and for
    the on-going destruction of the country.

    So are you claiming, extraordinarily, that "they" deliberately set
    out to slaughter people and destroy the country [examples?];

    Did I say that?

    or merely that they made [in your opinion] mistakes and that the
    policies of other parties would [in your opinion] have been better?
    Assuming the latter, that is the sort of thing that gets debated at a
    General Election. Better that. and a secret ballot, than mob violence whipped up by demagogues shouting "scum, scum" or worse, and
    disrupting meetings.

    No, you don't get to "debate" whether killing tens of thousands of
    people was "reasonable policy", or whether illegally looting the
    country for the corrupt enrichment of your friends was just something politicians do. You get to argue whether your term of imprisonment
    should be very long or merely long.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to Mark Goodge on Sat Nov 25 10:25:21 2023
    On 24/11/2023 11:25 pm, Mark Goodge wrote:

    On Fri, 24 Nov 2023 14:41:01 GMT, Pamela <uklm@permabulator.33mail.com> wrote:

    On 21:15 23 Nov 2023, Mark Goodge said:
    On Thu, 23 Nov 2023 16:52:10 -0000 (UTC), Jack@handsome.com wrote:


    In fact, then, IDS was pursued down the road by a howling mob, one of
    whom assaulted him. The police should have charged them all with
    threatening behaviour, not the s.4A(1) offence.

    The police were unable to pursue a charge against the one who actually
    assaulted him, due to their inability to identify him.

    Isn't there some form of collective responsibility in English law?

    Only if it can be proven that the group were acting collectively.

    Or mass-hysterically?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to David McNeish on Sat Nov 25 13:47:47 2023
    On 25/11/2023 12:29 am, David McNeish wrote:
    On Friday, 24 November 2023 at 22:42:29 UTC, Pamela wrote:
    On 20:47 24 Nov 2023, Jethro_uk said:

    On Fri, 24 Nov 2023 14:41:01 +0000, Pamela wrote:

    On 21:15 23 Nov 2023, Mark Goodge said:
    On Thu, 23 Nov 2023 16:52:10 -0000 (UTC), Ja...@handsome.com wrote: >>>>>>

    In fact, then, IDS was pursued down the road by a howling mob, one of >>>>>> whom assaulted him. The police should have charged them all with
    threatening behaviour, not the s.4A(1) offence.

    The police were unable to pursue a charge against the one who actually >>>>> assaulted him, due to their inability to identify him.

    Isn't there some form of collective responsibility in English law?

    from which collective punishment seems a logical step.

    Lidice ?
    I was thinking whether this case could be considered a joint enterprise.

    I don't think you can really make a case for that unless you can prove there was some sort of common purpose to make the assault, rather than just
    one of them doing their own thing.

    Assault?

    Or battery?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Andy Walker@21:1/5 to Jon Ribbens on Sat Nov 25 23:59:29 2023
    On 25/11/2023 12:20, Jon Ribbens wrote:
    [...] They are responsible for
    the deaths of, at least, tens of thousands of people, and for
    the on-going destruction of the country.
    So are you claiming, extraordinarily, that "they" deliberately set
    out to slaughter people and destroy the country [examples?];
    Did I say that?

    It was a question. At this point in the exchange, I have no idea
    what you were talking about, which is why I asked for examples.

    or merely that they made [in your opinion] mistakes and that the
    policies of other parties would [in your opinion] have been better?
    Assuming the latter, that is the sort of thing that gets debated at a
    General Election. Better that. and a secret ballot, than mob violence
    whipped up by demagogues shouting "scum, scum" or worse, and
    disrupting meetings.
    No, you don't get to "debate" whether killing tens of thousands of
    people was "reasonable policy", or whether illegally looting the
    country for the corrupt enrichment of your friends was just something politicians do. You get to argue whether your term of imprisonment
    should be very long or merely long.

    I see. So it's "sentence first, trial afterwards"? The only
    sense I can make of your claim is that it's your opinion surrounding the pandemic and the supply of PPE. If so, it's an opinion around which
    there is an ongoing inquiry, which was set up to find out what lessons
    can be learned, not to apportion blame. [Otherwise, I still have no
    idea what deaths and destruction you're talking about.] If the alleged corruption is proven, then that is bad, but it's scarcely "the on-going destruction of the country". As for the handling of the pandemic, no
    doubt mistakes were made, which is why an inquiry is needed, and some
    parts of the processes seem, from what we have already heard, to have
    been shambolic. These things happen in war, whether against humans or
    viruses, when decisions have to be taken on the basis of conflicting
    advice and with only partial information. It doesn't improve the
    decision making if honest mistakes result in lengthy imprisonment [or
    worse, in many parts of the world].

    --
    Andy Walker, Nottingham.
    Andy's music pages: www.cuboid.me.uk/andy/Music
    Composer of the day: www.cuboid.me.uk/andy/Music/Composers/Hummel

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Ian Jackson@21:1/5 to usenet@listmail.good-stuff.co.uk on Sun Nov 26 13:54:56 2023
    In message <q6c2mitje26p83nb6m0sqqfn34av7pksll@4ax.com>, Mark Goodge <usenet@listmail.good-stuff.co.uk> writes
    On Fri, 24 Nov 2023 14:41:01 GMT, Pamela <uklm@permabulator.33mail.com> >wrote:

    On 21:15 23 Nov 2023, Mark Goodge said:
    On Thu, 23 Nov 2023 16:52:10 -0000 (UTC), Jack@handsome.com wrote:


    In fact, then, IDS was pursued down the road by a howling mob, one of
    whom assaulted him. The police should have charged them all with
    threatening behaviour, not the s.4A(1) offence.

    The police were unable to pursue a charge against the one who actually
    assaulted him, due to their inability to identify him.

    Isn't there some form of collective responsibility in English law?

    Only if it can be proven that the group were acting collectively.

    You need to ask yourself what the purpose of the pursuit was, and what
    would have happened if IDS had stood his ground.
    --
    Ian
    Aims and ambitions are neither attainments nor achievements

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to ianREMOVETHISjackson@g3ohx.co.uk on Sun Nov 26 16:58:07 2023
    On 26 Nov 2023 at 13:54:56 GMT, "Ian Jackson" <ianREMOVETHISjackson@g3ohx.co.uk> wrote:

    In message <q6c2mitje26p83nb6m0sqqfn34av7pksll@4ax.com>, Mark Goodge <usenet@listmail.good-stuff.co.uk> writes
    On Fri, 24 Nov 2023 14:41:01 GMT, Pamela <uklm@permabulator.33mail.com>
    wrote:

    On 21:15 23 Nov 2023, Mark Goodge said:
    On Thu, 23 Nov 2023 16:52:10 -0000 (UTC), Jack@handsome.com wrote:


    In fact, then, IDS was pursued down the road by a howling mob, one of >>>>> whom assaulted him. The police should have charged them all with
    threatening behaviour, not the s.4A(1) offence.

    The police were unable to pursue a charge against the one who actually >>>> assaulted him, due to their inability to identify him.

    Isn't there some form of collective responsibility in English law?

    Only if it can be proven that the group were acting collectively.

    You need to ask yourself what the purpose of the pursuit was, and what
    would have happened if IDS had stood his ground.

    I don't think it was a pursuit, IDS was going somewhere and the crowd
    followed, all but one miscreant at a respectful distance. He had no "ground"
    to stand, as he wanted to be somewhere else. It would indeed have been different had they chased him away from where he wanted to be.

    --
    Roger Hayter

    --- SoupGate-Win32 v1.05
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  • From JNugent@21:1/5 to Roger Hayter on Sun Nov 26 17:28:32 2023
    On 26/11/2023 04:58 pm, Roger Hayter wrote:
    On 26 Nov 2023 at 13:54:56 GMT, "Ian Jackson" <ianREMOVETHISjackson@g3ohx.co.uk> wrote:

    In message <q6c2mitje26p83nb6m0sqqfn34av7pksll@4ax.com>, Mark Goodge
    <usenet@listmail.good-stuff.co.uk> writes
    On Fri, 24 Nov 2023 14:41:01 GMT, Pamela <uklm@permabulator.33mail.com>
    wrote:

    On 21:15 23 Nov 2023, Mark Goodge said:
    On Thu, 23 Nov 2023 16:52:10 -0000 (UTC), Jack@handsome.com wrote:


    In fact, then, IDS was pursued down the road by a howling mob, one of >>>>>> whom assaulted him. The police should have charged them all with
    threatening behaviour, not the s.4A(1) offence.

    The police were unable to pursue a charge against the one who actually >>>>> assaulted him, due to their inability to identify him.

    Isn't there some form of collective responsibility in English law?

    Only if it can be proven that the group were acting collectively.

    You need to ask yourself what the purpose of the pursuit was, and what
    would have happened if IDS had stood his ground.

    I don't think it was a pursuit, IDS was going somewhere and the crowd followed, all but one miscreant at a respectful distance. He had no "ground" to stand, as he wanted to be somewhere else. It would indeed have been different had they chased him away from where he wanted to be.

    So as far as you are concerned, is it perfectly acceptable to accost
    someone in the street and to make that person apprehend the threat of
    violence?

    There's a well-known two-word term for that.

    Or is it OK to do it to people you don't like?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Handsome Jack@21:1/5 to Roger Hayter on Sun Nov 26 18:16:17 2023
    Roger Hayter <roger@hayter.org> wrote:
    On 26 Nov 2023 at 13:54:56 GMT, "Ian Jackson" <ianREMOVETHISjackson@g3ohx.co.uk> wrote:

    In message <q6c2mitje26p83nb6m0sqqfn34av7pksll@4ax.com>, Mark Goodge
    <usenet@listmail.good-stuff.co.uk> writes
    On Fri, 24 Nov 2023 14:41:01 GMT, Pamela <uklm@permabulator.33mail.com>
    wrote:

    On 21:15 23 Nov 2023, Mark Goodge said:
    On Thu, 23 Nov 2023 16:52:10 -0000 (UTC), Jack@handsome.com wrote:


    In fact, then, IDS was pursued down the road by a howling mob, one of >>>>>> whom assaulted him. The police should have charged them all with
    threatening behaviour, not the s.4A(1) offence.

    The police were unable to pursue a charge against the one who actually >>>>> assaulted him, due to their inability to identify him.

    Isn't there some form of collective responsibility in English law?

    Only if it can be proven that the group were acting collectively.

    You need to ask yourself what the purpose of the pursuit was, and what
    would have happened if IDS had stood his ground.

    I don't think it was a pursuit, IDS was going somewhere and the crowd followed, all but one miscreant at a respectful distance. He had no "ground" to stand, as he wanted to be somewhere else. It would indeed have been different had they chased him away from where he wanted to be.


    One of them stuck a fucking traffic cone on his head. Was that common assault or was it not? If you had been one of the howling mob following him, shouldn't you have then thought, As a respectable law-abiding person this isn't something I ought to be
    involved in?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to All on Sun Nov 26 19:24:03 2023
    On 26 Nov 2023 at 18:16:17 GMT, "Handsome Jack" <Handsome Jack> wrote:

    Roger Hayter <roger@hayter.org> wrote:
    On 26 Nov 2023 at 13:54:56 GMT, "Ian Jackson"
    <ianREMOVETHISjackson@g3ohx.co.uk> wrote:

    In message <q6c2mitje26p83nb6m0sqqfn34av7pksll@4ax.com>, Mark Goodge
    <usenet@listmail.good-stuff.co.uk> writes
    On Fri, 24 Nov 2023 14:41:01 GMT, Pamela <uklm@permabulator.33mail.com> >>>> wrote:

    On 21:15 23 Nov 2023, Mark Goodge said:
    On Thu, 23 Nov 2023 16:52:10 -0000 (UTC), Jack@handsome.com wrote: >>>>>>>

    In fact, then, IDS was pursued down the road by a howling mob, one of >>>>>>> whom assaulted him. The police should have charged them all with >>>>>>> threatening behaviour, not the s.4A(1) offence.

    The police were unable to pursue a charge against the one who actually >>>>>> assaulted him, due to their inability to identify him.

    Isn't there some form of collective responsibility in English law?

    Only if it can be proven that the group were acting collectively.

    You need to ask yourself what the purpose of the pursuit was, and what
    would have happened if IDS had stood his ground.

    I don't think it was a pursuit, IDS was going somewhere and the crowd
    followed, all but one miscreant at a respectful distance. He had no "ground" >> to stand, as he wanted to be somewhere else. It would indeed have been
    different had they chased him away from where he wanted to be.


    One of them stuck a fucking traffic cone on his head. Was that common assault or was it not? If you had been one of the howling mob following him, shouldn't
    you have then thought, As a respectable law-abiding person this isn't something I ought to be involved in?

    I didn't intend to comment on that. I was just pointing out that he wasn't pursued but followed, and there was no question of him "standing his ground".
    FWIW, I agree the person who physically assaulted him deserves punishment,
    and I suspect he would have been punished if he were identifiable.

    --
    Roger Hayter

    --- SoupGate-Win32 v1.05
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  • From Mark Goodge@21:1/5 to JNugent on Sun Nov 26 21:31:27 2023
    On Sat, 25 Nov 2023 10:25:21 +0000, JNugent <jnugent@mail.com> wrote:

    On 24/11/2023 11:25 pm, Mark Goodge wrote:

    On Fri, 24 Nov 2023 14:41:01 GMT, Pamela <uklm@permabulator.33mail.com>
    wrote:

    On 21:15 23 Nov 2023, Mark Goodge said:
    On Thu, 23 Nov 2023 16:52:10 -0000 (UTC), Jack@handsome.com wrote:


    In fact, then, IDS was pursued down the road by a howling mob, one of >>>>> whom assaulted him. The police should have charged them all with
    threatening behaviour, not the s.4A(1) offence.

    The police were unable to pursue a charge against the one who actually >>>> assaulted him, due to their inability to identify him.

    Isn't there some form of collective responsibility in English law?

    Only if it can be proven that the group were acting collectively.

    Or mass-hysterically?

    No; it has to be consciously deliberate.

    Mark

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Mark Goodge@21:1/5 to All on Sun Nov 26 21:34:18 2023
    On Sun, 26 Nov 2023 18:16:17 -0000 (UTC), Jack@handsome.com (Handsome Jack) wrote:

    Roger Hayter <roger@hayter.org> wrote:
    On 26 Nov 2023 at 13:54:56 GMT, "Ian Jackson"
    <ianREMOVETHISjackson@g3ohx.co.uk> wrote:

    In message <q6c2mitje26p83nb6m0sqqfn34av7pksll@4ax.com>, Mark Goodge
    <usenet@listmail.good-stuff.co.uk> writes
    On Fri, 24 Nov 2023 14:41:01 GMT, Pamela <uklm@permabulator.33mail.com> >>>> wrote:

    On 21:15 23 Nov 2023, Mark Goodge said:
    On Thu, 23 Nov 2023 16:52:10 -0000 (UTC), Jack@handsome.com wrote: >>>>>>>

    In fact, then, IDS was pursued down the road by a howling mob, one of >>>>>>> whom assaulted him. The police should have charged them all with >>>>>>> threatening behaviour, not the s.4A(1) offence.

    The police were unable to pursue a charge against the one who actually >>>>>> assaulted him, due to their inability to identify him.

    Isn't there some form of collective responsibility in English law?

    Only if it can be proven that the group were acting collectively.

    You need to ask yourself what the purpose of the pursuit was, and what
    would have happened if IDS had stood his ground.

    I don't think it was a pursuit, IDS was going somewhere and the crowd
    followed, all but one miscreant at a respectful distance. He had no "ground" >> to stand, as he wanted to be somewhere else. It would indeed have been
    different had they chased him away from where he wanted to be.


    One of them stuck a fucking traffic cone on his head. Was that common assault >or was it not?

    Of course it was assault. But the police were unable to take it any further
    as they weren't able to identify the cone wielder with sufficient certainty
    for a prosecution to have a realistic prospect of success.

    If you had been one of the howling mob following him, shouldn't you have then >thought, As a respectable law-abiding person this isn't something I ought to >be involved in?

    There's no evidence that the other people involved had any connection with
    the cone-wielder, and their opinion of him isn't relevant to the offence
    they were charged with and acquitted of.

    Mark

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Brian W@21:1/5 to JNugent on Tue Nov 28 02:12:40 2023
    On Saturday, 25 November 2023 at 15:28:15 UTC, JNugent wrote:
    On 25/11/2023 12:29 am, David McNeish wrote:
    On Friday, 24 November 2023 at 22:42:29 UTC, Pamela wrote:
    On 20:47 24 Nov 2023, Jethro_uk said:

    On Fri, 24 Nov 2023 14:41:01 +0000, Pamela wrote:

    On 21:15 23 Nov 2023, Mark Goodge said:
    On Thu, 23 Nov 2023 16:52:10 -0000 (UTC), Ja...@handsome.com wrote: >>>>>>

    In fact, then, IDS was pursued down the road by a howling mob, one of >>>>>> whom assaulted him. The police should have charged them all with >>>>>> threatening behaviour, not the s.4A(1) offence.

    The police were unable to pursue a charge against the one who actually >>>>> assaulted him, due to their inability to identify him.

    Isn't there some form of collective responsibility in English law?

    from which collective punishment seems a logical step.

    Lidice ?
    I was thinking whether this case could be considered a joint enterprise.

    I don't think you can really make a case for that unless you can prove there
    was some sort of common purpose to make the assault, rather than just
    one of them doing their own thing.
    Assault?

    Or battery?

    Battery, or "assault by beating" as it would typically be charged. However, you need an identifiable defendant, and there wasn't one in this case according to the judgment.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Brian W@21:1/5 to Andy Walker on Thu Nov 30 06:13:32 2023
    On Sunday, 26 November 2023 at 09:09:26 UTC, Andy Walker wrote:
    On 25/11/2023 12:20, Jon Ribbens wrote:
    [...] They are responsible for
    the deaths of, at least, tens of thousands of people, and for
    the on-going destruction of the country.
    So are you claiming, extraordinarily, that "they" deliberately set
    out to slaughter people and destroy the country [examples?];
    Did I say that?
    It was a question. At this point in the exchange, I have no idea
    what you were talking about, which is why I asked for examples.
    or merely that they made [in your opinion] mistakes and that the
    policies of other parties would [in your opinion] have been better?
    Assuming the latter, that is the sort of thing that gets debated at a
    General Election. Better that. and a secret ballot, than mob violence
    whipped up by demagogues shouting "scum, scum" or worse, and
    disrupting meetings.
    No, you don't get to "debate" whether killing tens of thousands of
    people was "reasonable policy", or whether illegally looting the
    country for the corrupt enrichment of your friends was just something politicians do. You get to argue whether your term of imprisonment
    should be very long or merely long.
    I see. So it's "sentence first, trial afterwards"? The only
    sense I can make of your claim is that it's your opinion surrounding the pandemic and the supply of PPE. If so, it's an opinion around which
    there is an ongoing inquiry, which was set up to find out what lessons
    can be learned, not to apportion blame. [Otherwise, I still have no
    idea what deaths and destruction you're talking about.] If the alleged corruption is proven, then that is bad, but it's scarcely "the on-going destruction of the country". As for the handling of the pandemic, no
    doubt mistakes were made, which is why an inquiry is needed, and some
    parts of the processes seem, from what we have already heard, to have
    been shambolic. These things happen in war, whether against humans or viruses, when decisions have to be taken on the basis of conflicting
    advice and with only partial information. It doesn't improve the
    decision making if honest mistakes result in lengthy imprisonment [or
    worse, in many parts of the world].

    The problem with Jon's approach is that there are plenty of people (including one or two regular posters on here) who feel just as strongly about Labour politicians as Jon does about Duncan Smith. So if it's OK for people to scream abuse at Duncan Smith,
    it must be OK for people at the opposite end of the political system who hold similarly strong about Labour to scream abuse at Labour figures.

    As I said earlier, mere abuse ought not to be a crime, but coupled with following someone down the street, it could well pass the threshold.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jon Ribbens@21:1/5 to Brian W on Thu Nov 30 18:23:27 2023
    On 2023-11-30, Brian W <brianwhitehead@hotmail.com> wrote:
    The problem with Jon's approach is that there are plenty of people
    (including one or two regular posters on here) who feel just as
    strongly about Labour politicians as Jon does about Duncan Smith.

    Those people would suffer from the severe disadvantage of being much
    less likely to be correct, of course.

    So if it's OK for people to scream abuse at Duncan Smith, it must be
    OK for people at the opposite end of the political system who hold
    similarly strong about Labour to scream abuse at Labour figures.

    Yes, that's fine. I'm not a Labour supporter anyway - indeed I intend
    to vote against Keir Starmer at the next election (since Labour getting
    into power but Starmer losing his seat thus forcing them to choose a new
    leader to become PM, despite being extremely unlikely would nevertheless
    have the dual advantages of being an the best possible outcome and also
    the funniest possible outcome).

    I must admit I'd feel a bit more ambivalent if people were to do the
    same to a LibDem or the Green MP (for example), mostly because what
    could they possibly have done to deserve such abuse?

    As I said earlier, mere abuse ought not to be a crime, but coupled
    with following someone down the street, it could well pass the
    threshold.

    It would appear that it didn't, in this case.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)