Rumours and Stuff

[crocodile]

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]

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]

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]

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....

 

[the phantom menace]

Pou would use the Chewbacca defence for sure, pretty much like he attempts in most of his posts on here.

 

[oldmancraigy]

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]

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...

 

[Poupou Escobar]

 

[Bandwagon]

That's up to the prosecution. They certainly can press on. Whether or not they do is something nobody knows right now.

Sure, but everything is about how you allocate limited resources.

 

[Enamoured Eel]

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]

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]

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]

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?

 

[Poupou Escobar]

If it's innocent until proven guilty, is it consensual until proven non-consensual?

 

[crocodile]

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.

 

[the phantom menace]

Another Tigers forward wanting out early - Blore?

Wests Tigers forward could make immediate move

Wests Tigers forward Shawn Blore could be set to make an immediate move from the club after falling out of favour.

www.zerotackle.com

 

[crocodile]

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]

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.

So he should be held in contempt. It's only Pou FFS.

 

[crocodile]

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....

And toss in some stats as well.

 

[crocodile]

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.