Sikachu said:
dragonslayer32 said:
Sikachu said:
dragonslayer32 said:
I've been studying it for 4 years and have actually looked it up in one of my books. You CAN use this as a defence to murder and it is a complete defence (if successful, it equals full acquittal). My lecturer has a PHD so I am pretty sure she knows what she is talking about, same goes for the tour guides in York, not that they have PHDs, but I think they know what they are talking about. Also, my lecturer didn't actually tell me about it, she gave everyone in my class a sheet with funny laws on it, it was on there.
So how do you think that defence would interact with HRA1998? You think that s.1(a) pointing to Art. 2 ECHR would allow it to stand? Or do you think it might be impledly repealed until tested, where the High Court would most likely make it explicit?
The Human Rigts Act although European, can still be overruled by British law depending on what the H of L say. The likelyhood is that they would go with the HRA, especially with the introduction of the supreme court but until a case comes up and the law is overruled, it is technically still legal and is a genuine plea to murder.
So now I know that you are either lying about studying law or very incompetently taught. The Human Rights Act 1998 was an Act of the British Parliament that was enacted in order to enshrine in our domestic law the protections offered by the European Convention on Human Rights and give people redress based on those rights in our domestic courts, rather than having to go to Strasbourg. When you say "technically still legal" do you imagine that someone who committed that act and attempted to use your law as a defence would get off? Because the superseding legislation is pretty unambiguous when it says
Article 2 - Right to Life (enshrined in the UK law in s.1(a)HRA1998) said:
1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary:
a. in defence of any person from unlawful violence;
b. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
c. in action lawfully taken for the purpose of quelling a riot or insurrection.
Perhaps you haven't encountered the doctrine of implied repeal - I advise that you look it up.
You don't understand. The origional law is still in play so if I shot a Scotsman in those circumstances, it would not class as deprivation of life, unlawful violence or murder as it is still legal to do so. I could quote thousands of cases now when someone has done something thought to be illegal but the court decided it was not. Just for fun, I think I will go with Slingsby. In this case, a man met a woman in a night club and took her home. He then penetrated her anus and vagina with his fingers, which she fully consented to. However, the ring he had on his finger cut her inside and because of this, she died. Now, depriving someone of life he has done which would make him guilty of murder but her consent acted as a full defence which meant a full acquittal. The Scotsman law (not it's true name)works like the defence of consent.
Also, it is totally legal until overruled, which can not fully happen until a case comes up; at whick point parliament can still side with you as they decide what laws overrule other laws. Or at least they used to before the introduction of the supreme court. With the supreme court, like most other people studying law, I don't know what the fuck will happen as it was only introduced a few years ago.