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Debt collection

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    #32
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Our man in Havana wrote: »
    Larceny is now gone as a common law offence.
    When was it ever a common law offence?


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    #33
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Predalien wrote: »
    You might want to read the thread again.

    For what purpose?


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    #34
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    It never stopped the DPP referring to it as being contrary to common law. I have seen that on many summonses.


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    #35
    Predalien
    Closed Accounts Posts: 946 ✭✭✭Predalien


    Milk & Honey wrote: »
    When was it ever a common law offence?

    from http://en.wikipedia.org/wiki/Larceny

    Republic of Ireland
    The common law offence of larceny was abolished on 1 August 2002.However, proceedings for larceny committed before its abolition are not affected by this.


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    #36
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Our man in Havana wrote: »
    It never stopped the DPP referring to it as being contrary to common law. I have seen that on many summonses.
    Summonses are issued by the District Court Clerk or District Court Judge, not the DPP.


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    #37
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    They are written by the DPP/Gardaí. The court is a mere rubberstamp.


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    #38
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Our man in Havana wrote: »
    They are written by the DPP/Gardaí. The court is a mere rubberstamp.

    That is very insulting to the Court!


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    #39
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Milk & Honey wrote: »
    When was it ever a common law offence?

    From the Criminal Justice (Theft and Fraud Offences) Act 2001

    3.—(1) Subject to section 65 , the Acts specified in Schedule 1 are Repeals, etc. repealed to the extent specified in the third column of that Schedule.

    (2) Any offence at common law of larceny, burglary, robbery, cheating (except in relation to the public revenue), extortion under colour of office and forgery is abolished.

    (3) The abolition of a common law offence mentioned in subsection (2) shall not affect proceedings for any such offence committed before its abolition.


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    #40
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Milk & Honey wrote: »
    Summonses are issued by the District Court Clerk or District Court Judge, not the DPP.


    And who do you think drafts the summons, and the wording to be used, for that summons to be issued by the DC or DJ.


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    #41
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Marcusm wrote: »
    Nope, fully agree that it is. I was questioning Jo King's assertion (which i inferred from the quoted post) that without a specific Law outlawing rape it would be legal. In the broader context of Jo King's longer post, I inferred that h e/she believed rape only to be outlawed by act of parliament (although this was not explicitly stated).

    I never said any such thing. How something comes to be an offence is not relevant. Unless there is a recognised offence with which someone can be charged then a person can do what they like.


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    #42
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Milk & Honey wrote: »
    For what purpose?


    Because if you read the thread from the start you will see the context of the postings by Marscum, it is clear from his postings that he and for that matter I believed that Jo King stating that Rape was only an offence under Statute Law. Then Marscum stated that what about common law. When you agreed with his statment. I stated i think ye agreed on the position being put forward by you. Then you told me to mind my own business. Then Marscum explained what he believed Jo King was saying. It seems you may have got the wrong end of the stick, insteed of looking back to get the full context, you have decided to dig away.


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    #43
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Jo King wrote: »
    I never said any such thing. How something comes to be an offence is not relevant. Unless there is a recognised offence with which someone can be charged then a person can do what they like.

    As I also misunderstood you'r posting, now that it is clarified, thanks for the clarification.


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    #44
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    ResearchWill wrote: »
    As I also misunderstood you'r posting, now that it is clarified, thanks for the clarification.

    If there is anyone doing any re-reading it should be you!


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    #45
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Milk & Honey wrote: »
    If there is anyone doing any re-reading it should be you!

    No the posting of Jo King could easly be interpeted as saying what I and onother poster believed, based on what went in the thread before. I was quite happy to say i misunderstood the posting by Jo King, and said so.

    On the other hand you miss read Marscum's posting, even after he clarified what he said, you will not accept that your statement and his said exactly the same thing. So you are now going around in circles instead of doing as I did and say to the poster, misunderstood what you mean, thanks for clarification.


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    #46
    Orrid
    Closed Accounts Posts: 59 ✭✭Orrid


    Big time thread drift. This is a thread on debt collection not the history of law relating to serious sexual assault.


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