November 12th, 2009 06:07 PM
It sounds like there is stupidity rampant amoung all parties. Once I discovered the gun I would think it was discarded after it had been used in a crime so I would not have touched the bin (not sure if this means trash can or Tupperware, Brits and their slang) anymore let alone the firearm itself for fear of contaminating any evidence. All of that being said his good intentions are clear. Unfortunately laws like this do exist here in America, but I would think that even if the jury was instructed by the judge to ignore the suspects intentions nine times out of ten they would find the person not guilty anyway knowing that the punishment doesn't fit the crime.
November 12th, 2009 06:58 PM
Idiots, all; The country, the legislative bodies that enact such legislation, the subjects who allow such legislation. We best be on watch here in America or we'll see such trampling of our constitution as amended and our rights.
Government is out of control
"If gun laws in fact worked, the sponsors of this type of legislation should have no difficulty drawing upon long lists of examples of crime rates reduced by such legislation. That they cannot do so after a century and a half of trying -- " Sen Orrin G. Hatch
November 12th, 2009 07:08 PM
Laws as such and cases like this only encourage people to do nothing in the face of crime. Why should they put themselves at risk when they can walk away and ignore the issue.
Try and do the right thing? Do not pass go, do not collect $200, and go to jail.
"a reminder that no law can replace personal responsibility" - Bill Clinton 2010.
November 12th, 2009 07:13 PM
Yep, Britian seems pretty screwed up, and we could have the same thing over here if we don't get out and VOTE!
The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.
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NRA Life Member[/B]
November 12th, 2009 07:20 PM
If it was as the defendant claimed ... What was he supposed to do, leave the gun there for the next child who happened to stroll by?
Apparently so, since the "crime" of touching such a thing is being taken as the owner/possessor/wielder of such a thing, truth and justice be damned.
So, is being a good Samaritan or engaging in an upstanding and decent act going to become extinct in the U.K. What upstanding, decent citizen would dare traverse the mine field that the government seeks to impose on its subjects.
I wonder ... did the U.S. war of independence in the late 1700's start in this fashion, with such examples of relatively small petty acts and legal actions by the constabulary, DA's and other authorities?
Your best weapon is your brain. Don't leave home without it.
self defense (A.O.J.).
How does disarming
the number of victims?
Reason over Force: The Gun is Civilization (Marko Kloos)
NRA, SAF, GOA, OFF, ACLDN.
November 12th, 2009 07:28 PM
That won't work either!
Originally Posted by JonInNY
I read a story in the last couple of weeks where a man found a firearm in his yard. He called the 'bobbies' & was told they wouldn't come get it...they told him him to bring it to them!
I'll look for the link......
Quemadmodum gladius neminem occidit, occidentis telum est.-Seneca
"If you carry a gun, people will call you paranoid. If I have a gun, what do I have to be paranoid about?" -Clint Smith
"An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." -Jeff Cooper
November 12th, 2009 07:54 PM
This story reminds me of a local story a few years ago here in Vegas. This isn't the same subject as the thread but it has the same theme.
One day a Las Vegas resident was driving behind a police car. The police car was being driven by a "bike" LEO. The bike rack on the back of the car held the officers bike. He was returning from his duty while riding his official police bike earlier that day.
The resident noticed that the bicycle on the bike rack was becoming loose & might fall off of the bike rack. The resident started flashing his car headlights, beeping his car horn attempting to get the LEO's attention. Nothing was working and eventually the bike DID fall off the bike rack and landed in the roadway. The resident then stopped his car and picked up the police bicycle and put it in the trunk of his car.
When he arrived home he called the local police. He told the police the story of how the police bicycle had fallen off the police car & that he had picked it up off the roadway.
The LEO with whom he was speaking with told him that possession of police equipment was a crime for which he could be arrested & prosecuted. Again he tried to explain to the officer the circumstances how he came to have the police bike in his car trunk. He was again advised that it was a crime to possess police property. The officer told the resident that he was sending a LEO to pick up the police bicycle at the residents home.
When the LEO arrived at the residents home the LEO again advised resident that he could be arrested & prosecuted for possession of police property. The LEO departed with the bicycle on the back of his car. The resident was never thanked for attempting to return the police bicycle.
No good deed goes unpunished! I'm know not all police departments have this attitude toward citizens trying to do the right thing. Maybe the LEO with whom he was speaking was having a bad day. The resident was just trying to do the right thing!
"Gun control is being able to hit your target."
November 12th, 2009 07:56 PM
Have you ever been to the UK? People are great, but things are, um....different.
I once wondered why the revolutionary war lasted so long when you see how they do things.
But don't feel superior, that's coming here real soon.
"Bin liner" = trash bag. You need the English to English dictionary every so often over there.
November 12th, 2009 08:15 PM
This guy was screwed from the git go. if the "bin was at the bottom of his garden". Thats his Property? Thats were possession started,
call the cops get busted.
take it to cops get busted.
might as well have kept it.
November 12th, 2009 10:10 PM
I'll try to remember that next time I find $500,000 on my lawn.
Originally Posted by lazy
November 12th, 2009 11:17 PM
It is unbelievable to read "that Mr Clarke has no defence to this charge".
Of course he has a defense, and that is the Doctrine of Competing Harms which is part of the Common Law. That is the doctrine that says that under rare circumstances following the law causes more harm than breaking it. That is always a possible defense.
Moronic legal system and moronic solicitor. Gah.
“What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia
SIG: P220R SS Elite SAO, P220R SAO, P220R Carry, P226R Navy, P226, P239/.40S&W, P2022/.40S&W; GSR 5", P6.
November 12th, 2009 11:23 PM
I wish you were wrong but you're not. We'd be foolish to ignore the power of the gun grabbers anywhere with the false notion that it can't happen here.
Originally Posted by Tint Bob
November 12th, 2009 11:46 PM
It's too bad, but being in the wrong place at the right time there exists a stiff penalty for being stupid without a permit. Guy shoulda never touched it, no telling whose fingerprints he has obliterated. In England it would be best to follow Eddie Eagle rules:
Stop, Don't Touch, Call an Adult. Really, I think it's too bad that Geo. Soros' whore, Rebecca Peters has found a way for entire countries to legally be able to tell their citizens they cannot defend themselves, but Britishers are apparently even worse off than the poor folks still living in Californy. Can't waste much time worrying about them, they aren't even in my country.
November 13th, 2009 09:56 AM
My dad was burglarized last year. He ended up finding out "who done it" and gave the information to the police. The police confronted the guy who folded right away like cheap lawn furniture.
They gave him the option to bring everything to the cop-shop and turn it all in.
The perp did just that and along with the tools and fishing stuff, he brought the loaded 22-250 to the police station and turned it in.
He had a prior record and I don't know that he's gone to jail yet for this crime. The cops weren't interested in arresting him for the loaded 22-250 and I don't know that he was charged with the felony of stealing a firearm.
Dad is at his whits end with the police dept and the DA.
"Run for your life from the man who tells you that money is evil. That sentence is the leper's bell of an approaching looter. So long as men live together on earth and need means to deal with one another-their only substitute, if they abandon money, is the muzzle of a gun."
Who is John Galt?
November 13th, 2009 10:21 AM
Our due process laws mean that strict liability is generally reserved for very minor criminal offenses and civil cases in the U.S. For example, in states with three levels of crime - infraction, misdemeanor and felony - almost all infractions and many minor misdemeanors are strict liability offenses - it would be almost impossible to convict people for speeding (sans confession) if the state had to prove that the defendant saw the speed limit sign. Likewise, since most of us don't carry around breathalyzer kits, it would be very difficult to enforce drunk driving laws without strict liability (I personally feel that strict liability should be eliminated for that, since the vast majority of drunk driving accidents resulting in injury and death involve people who are at least twice the legal limit and mens rea would be relatively easy to prove).
The only felony that I can think of where mens rea need not be proved is statutory rape which is a strict liability crime in 22 states.
Those who will not govern their own behavior are slaves waiting for a master; one will surely find them.
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