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crocodile

Bench
Messages
3,496
That’s true but it’s hard to determine non-consent if the party does not want to press charges. Despite her initial complaint, without her following that up in court and confirming the non-consensual sexual touching it would be difficult to convict.

Still, wake up to yourself Dylan you absolute peanut. Shades of Corey f**king Norman.
I agree with this and made a comment re consent earlier. Unfortunately, the charges have already been made. The police or prosecution are not obliged to drop them at the behest of the complainant. They often do but it isn't compulsory.
 

crocodile

Bench
Messages
3,496
You need a complainant for offences against the person. The complaint has come from her.

They wouldn’t need a complainant for public nuisance as an example, if he was displaying disorderly, threatening or violent behaviour.
A complainant is a nicety and makes things easier but isn't a necessity. Picture this: Enamored Eel has his face smashed in by Pou Pou and reports to the police with nose spread across his face, no front teeth and jaw hanging down near his bellybutton. Pou Pou gets charged. Next day, Enamoured Eel decides not to press charges. You can bet your arse Pou still has a day in front of the beak. Nobody, yet knows the nature of Dildo Brown's advances. If they are serious enough and of a sexual nature don't be surprised that if there is enough evidence without an unwilling complainant, the young fella will also have an appointment with the beak.
 

crocodile

Bench
Messages
3,496
Ive been hanging around this forum for a while now and I could never have guessed it was full of lawyers, barristers and juris doctors. The legal knowledge here is incredible.
No lawyers here. I've just a misspent youth and might've been on the wrong end once.
 

Incorrect

Coach
Messages
11,828
A complainant is a nicety and makes things easier but isn't a necessity. Picture this: Enamored Eel has his face smashed in by Pou Pou and reports to the police with nose spread across his face, no front teeth and jaw hanging down near his bellybutton. Pou Pou gets charged. Next day, Enamoured Eel decides not to press charges. You can bet your arse Pou still has a day in front of the beak. Nobody, yet knows the nature of Dildo Brown's advances. If they are serious enough and of a sexual nature don't be surprised that if there is enough evidence without an unwilling complainant, the young fella will also have an appointment with the beak.
Pou would represent himself in court and walk free after the case goes for 3 years by which time the jury, judge and DPP will just give up and refuse to argue with him anymore....
 

oldmancraigy

Coach
Messages
11,295
Pou would represent himself in court and walk free after the case goes for 3 years by which time the jury, judge and DPP will just give up and refuse to argue with him anymore....
I'm at least 99% sure he would be held in contempt within the first hour of his arguing. Possibly the first minute.

Judge: tell me how do you plead?
Pou: how would I know how I plead? I'm not a lawyer - you're the judge, why don't you tell me if I'm guilty or not?

Yeah. It would be the first minute.
 

Incorrect

Coach
Messages
11,828
I'm at least 99% sure he would be held in contempt within the first hour of his arguing. Possibly the first minute.

Judge: tell me how do you plead?
Pou: how would I know how I plead? I'm not a lawyer - you're the judge, why don't you tell me if I'm guilty or not?

Yeah. It would be the first minute.
You left out "ffs" when quoting Pou there...
 

Enamoured Eel

Juniors
Messages
163
A complainant is a nicety and makes things easier but isn't a necessity. Picture this: Enamored Eel has his face smashed in by Pou Pou and reports to the police with nose spread across his face, no front teeth and jaw hanging down near his bellybutton. Pou Pou gets charged. Next day, Enamoured Eel decides not to press charges. You can bet your arse Pou still has a day in front of the beak. Nobody, yet knows the nature of Dildo Brown's advances. If they are serious enough and of a sexual nature don't be surprised that if there is enough evidence without an unwilling complainant, the young fella will also have an appointment with the beak.

What you describe is grievous bodily harm which requires a complainant. Without a complainant, Police could run with unlawful wounding.

This is Queensland legislation but the point remains; Police couldn’t and would not prosecute for the offence Brown has been charged with without a complainant.
 

Enamoured Eel

Juniors
Messages
163
I agree with this and made a comment re consent earlier. Unfortunately, the charges have already been made. The police or prosecution are not obliged to drop them at the behest of the complainant. They often do but it isn't compulsory.

Why the f*ck would they proceed when it would be up to the complainant to literally provide the evidence that it was non-consensual? Without their evidence, you can’t prove a key element of the offence.

You’re wrong.
 

Legal Eel

Juniors
Messages
434
I'm at least 99% sure he would be held in contempt within the first hour of his arguing. Possibly the first minute.

Judge: tell me how do you plead?
Pou: how would I know how I plead? I'm not a lawyer - you're the judge, why don't you tell me if I'm guilty or not?

Yeah. It would be the first minute.
This just won the forum
 

the phantom menace

First Grade
Messages
8,418
Couldn't they just refer to the "complainant's" original complaint to the venue staff as sufficient indicator of lack of consent, if the complainant is not keen to appear in court/respond to a supoena etc?
 

crocodile

Bench
Messages
3,496
Why the f*ck would they proceed when it would be up to the complainant to literally provide the evidence that it was non-consensual? Without their evidence, you can’t prove a key element of the offence.

You’re wrong.
We're not party to what evidence they may or may not have. I didn't indicate that they will press on just that they can if they wish. A nod from the complainant isn't required.
 

crocodile

Bench
Messages
3,496
What you describe is grievous bodily harm which requires a complainant. Without a complainant, Police could run with unlawful wounding.

This is Queensland legislation but the point remains; Police couldn’t and would not prosecute for the offence Brown has been charged with without a complainant.
Charges of a sexual nature are pretty serious. They don't need a complainant, only evidence. I did not write that they will, only that they have the power to do so if they wish.
 

crocodile

Bench
Messages
3,496
Couldn't they just refer to the "complainant's" original complaint to the venue staff as sufficient indicator of lack of consent, if the complainant is not keen to appear in court/respond to a supoena etc?
Exactly my point. We also don't know what other evidence there is. Maybe there was a witness. Who knows. Certainly not a bunch of Eels fan on an obscure footy forum.
 

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