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PostPosted: Wed Sep 10, 2008 11:12 pm 
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gusmac wrote:
bloodnock wrote:
Is the Answer 87?


No you forgot to carry the 1 Silly 8)


Damn!


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PostPosted: Thu Sep 11, 2008 8:51 am 
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gusmac wrote:
wannabeeahack wrote:
What does it mean to “knowingly” commit a crime?

Great question. Glad you asked. Many laws require that you “knowingly” engaged in a criminal act (iit doesn’t matter if you knew or not whether your actions violated the law, it only matters that you “knowingly” committed an act that was against the law). When a criminal statute says that, in order to be convicted, you must have “knowingly” committed the crime, the crime involves mens rea.

It may be easier to explain this concept by illustration: Let’s say that a statute made it a crime to “knowingly carry a gun into a supermarket.” To be convicted of the crime, you must have known that 1) you had a gun, and 2) you were in a supermarket. If, for instance, you were completely loony and you thought you were carrying a box of Twinkies into a donut shop, then you didn’t “knowingly” commit the crime, and therefore you didn’t commit the crime. Likewise, if an ex-boyfriend approached you at the entrance of a supermarket and secretly dropped a pistol into your bag, then you didn’t “know” you had a gun when you walked into the supermarket and, therefore, you didn’t commit the crime.

The government doesn’t always have to prove that you “knowingly” committed a crime through direct evidence (such as a confession). Circumstantial evidence is also allowed. Therefore, in the above case, if you didn’t admit to knowing you had a gun in your bag when you entered a supermarket, the government could introduce evidence that someone saw you put the gun in your bag or overheard you telling someone else that you planned to take a gun in the supermarket or even that your bag was too heavy not to know there was a gun inside it.
Like "knowingly" Plagiarising? :wink:
http://en.wikipedia.org/wiki/Plagiarism
http://www.quizlaw.com/criminal_law/wha ... nowing.php
Nice cut and paste BTW :lol:


look up witch hunt....

lol

take a chill pill

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PostPosted: Thu Sep 11, 2008 12:06 pm 
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wannabeeahack wrote:
gusmac wrote:
wannabeeahack wrote:
What does it mean to “knowingly” commit a crime?

Great question. Glad you asked. Many laws require that you “knowingly” engaged in a criminal act (iit doesn’t matter if you knew or not whether your actions violated the law, it only matters that you “knowingly” committed an act that was against the law). When a criminal statute says that, in order to be convicted, you must have “knowingly” committed the crime, the crime involves mens rea.

It may be easier to explain this concept by illustration: Let’s say that a statute made it a crime to “knowingly carry a gun into a supermarket.” To be convicted of the crime, you must have known that 1) you had a gun, and 2) you were in a supermarket. If, for instance, you were completely loony and you thought you were carrying a box of Twinkies into a donut shop, then you didn’t “knowingly” commit the crime, and therefore you didn’t commit the crime. Likewise, if an ex-boyfriend approached you at the entrance of a supermarket and secretly dropped a pistol into your bag, then you didn’t “know” you had a gun when you walked into the supermarket and, therefore, you didn’t commit the crime.

The government doesn’t always have to prove that you “knowingly” committed a crime through direct evidence (such as a confession). Circumstantial evidence is also allowed. Therefore, in the above case, if you didn’t admit to knowing you had a gun in your bag when you entered a supermarket, the government could introduce evidence that someone saw you put the gun in your bag or overheard you telling someone else that you planned to take a gun in the supermarket or even that your bag was too heavy not to know there was a gun inside it.
Like "knowingly" Plagiarising? :wink:
http://en.wikipedia.org/wiki/Plagiarism
http://www.quizlaw.com/criminal_law/wha ... nowing.php
Nice cut and paste BTW :lol:


look up witch hunt....

lol

take a chill pill


I think you had better have the chill pill yourself.
I am perfectly chilled, thank you.

Sorry, I couldn't resist and it seemed quite a good example of your point.
If you are going to use someone elses work, you should credit the source.
No witch hunt, just making a different point.

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PostPosted: Thu Sep 11, 2008 12:18 pm 
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Now getting back to the point:

wannabeeahack wrote:
when he gets caught, charged and convicted then and only then is he actually guilty of any offence
No, he was guilty of the offence when he committed it. The rest is his guilt being proved (or not, if aquitted) by due legal process.

Quote:
by the way, its only partially the act that is the offence, he may not be aware its an offence

The act is the offence. Anything else is just mitigation.

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PostPosted: Thu Sep 11, 2008 12:26 pm 
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wannabeeahack wrote:
What does it mean to “knowingly” commit a crime?

Great question. Glad you asked. Many laws require that you “knowingly” engaged in a criminal act (iit doesn’t matter if you knew or not whether your actions violated the law, it only matters that you “knowingly” committed an act that was against the law). When a criminal statute says that, in order to be convicted, you must have “knowingly” committed the crime, the crime involves mens rea.

It may be easier to explain this concept by illustration: Let’s say that a statute made it a crime to “knowingly carry a gun into a supermarket.” To be convicted of the crime, you must have known that 1) you had a gun, and 2) you were in a supermarket. If, for instance, you were completely loony and you thought you were carrying a box of Twinkies into a donut shop, then you didn’t “knowingly” commit the crime, and therefore you didn’t commit the crime. Likewise, if an ex-boyfriend approached you at the entrance of a supermarket and secretly dropped a pistol into your bag, then you didn’t “know” you had a gun when you walked into the supermarket and, therefore, you didn’t commit the crime.

The government doesn’t always have to prove that you “knowingly” committed a crime through direct evidence (such as a confession). Circumstantial evidence is also allowed. Therefore, in the above case, if you didn’t admit to knowing you had a gun in your bag when you entered a supermarket, the government could introduce evidence that someone saw you put the gun in your bag or overheard you telling someone else that you planned to take a gun in the supermarket or even that your bag was too heavy not to know there was a gun inside it.


This would be of value if the offence was "knowingly touting" but it isn't.
Anyway, would it not be safe to assume that your miscreant HC driver would be aware that touting or plying for hire outwith his licensed area was illegal? In the same way that any driver is assumed to know that speeding or dangerous driving are illegal?
How far do you suppose anyone would get in court with the argument that they didn't know it was illegal to exceed the speed limit or that they didn't notice they were doing it?

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PostPosted: Thu Sep 11, 2008 12:54 pm 
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gusmac wrote:
wannabeeahack wrote:
What does it mean to “knowingly” commit a crime?

Great question. Glad you asked. Many laws require that you “knowingly” engaged in a criminal act (iit doesn’t matter if you knew or not whether your actions violated the law, it only matters that you “knowingly” committed an act that was against the law). When a criminal statute says that, in order to be convicted, you must have “knowingly” committed the crime, the crime involves mens rea.

It may be easier to explain this concept by illustration: Let’s say that a statute made it a crime to “knowingly carry a gun into a supermarket.” To be convicted of the crime, you must have known that 1) you had a gun, and 2) you were in a supermarket. If, for instance, you were completely loony and you thought you were carrying a box of Twinkies into a donut shop, then you didn’t “knowingly” commit the crime, and therefore you didn’t commit the crime. Likewise, if an ex-boyfriend approached you at the entrance of a supermarket and secretly dropped a pistol into your bag, then you didn’t “know” you had a gun when you walked into the supermarket and, therefore, you didn’t commit the crime.

The government doesn’t always have to prove that you “knowingly” committed a crime through direct evidence (such as a confession). Circumstantial evidence is also allowed. Therefore, in the above case, if you didn’t admit to knowing you had a gun in your bag when you entered a supermarket, the government could introduce evidence that someone saw you put the gun in your bag or overheard you telling someone else that you planned to take a gun in the supermarket or even that your bag was too heavy not to know there was a gun inside it.


This would be of value if the offence was "knowingly touting" but it isn't.
Anyway, would it not be safe to assume that your miscreant HC driver would be aware that touting or plying for hire outwith his licensed area was illegal? In the same way that any driver is assumed to know that speeding or dangerous driving are illegal?
How far do you suppose anyone would get in court with the argument that they didn't know it was illegal to exceed the speed limit or that they didn't notice they were doing it?


Its illegal to exceed the speed limit ???? :shock:
Nooooooooo wayyyyyyyyyyyyy!!!


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PostPosted: Thu Sep 11, 2008 3:06 pm 
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HC,PH and WVM are exempt

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PostPosted: Thu Sep 11, 2008 10:48 pm 
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bloodnock was shocked and said:
Quote:
Its illegal to exceed the speed limit ????


Then wannabeeahack said:
Quote:
HC,PH and WVM are exempt


Excellent, nitro-injetcted 16Litre turbo-charged V9 TX4 GTX now on order.

And I must be legal cos I aint been caught yet. Brilliant. :lol: :lol: :lol:


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PostPosted: Fri Sep 12, 2008 8:00 am 
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Doc G wrote:
bloodnock was shocked and said:
Quote:
Its illegal to exceed the speed limit ????


Then wannabeeahack said:
Quote:
HC,PH and WVM are exempt


Excellent, nitro-injetcted 16Litre turbo-charged V9 TX4 GTX now on order.

And I must be legal cos I aint been caught yet. Brilliant. :lol: :lol: :lol:


"nitro" (i assume you mean NOS) isnt insurable for road use, and isnt legal

behave.

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PostPosted: Fri Sep 12, 2008 5:58 pm 
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I now fully accept that a sense of humour bypass has taken place here, and is accepted as public fact now.
Nevertheless:

wannabeahack said:
Quote:
nitro I assume you mean NOS) isnt insurable for road use, and isnt legal


Point 1: How are they going to catch me then????8)

Do you also remember:
Quote:
lots of things are illegal

litter
spitting
speeding

but yr only guilty if caught, charged and convicted


Point 2: Remember, if I am not caught, and not in court - no crime, the "NOS" does not matter then does it. :lol: :lol:

_____________________________________________________________-
For your info:

Joke:
# a humorous anecdote or remark intended to provoke laughter; "he told a very funny joke"; "he knows a million gags"; "thanks for the laugh"; "he ...
# jest: activity characterized by good humor
# antic: a ludicrous or grotesque act done for fun and amusement
# tell a joke; speak humorously; "He often jokes even when he appears serious"
# a triviality not to be taken seriously; "I regarded his campaign for mayor as a joke"
# act in a funny or teasing way


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