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It shall be a good defence

  • 25-02-2016 09:22AM
    #1
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭


    Still doing research and I'm curious why in some SIs wording such as "it shall be a good defence" is used instead of except, not applicable, does not apply etc.

    Suggesting you will have a good defence dosn't specifically say something is OK to do does it, having a "good defence" in any case dosn't automatically imply innocence or have I got that wrong?


Comments

  • #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,782 Admin ✭✭✭✭✭hullaballoo


    If an offence does not apply to certain circumstances, it cannot be prosecuted, whereas where the legislation provides for a defence, the accused must raise the defence successfully at trial.

    That's a simplistic answer but it's effectively what you're looking to know, I think.


  • #3
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    hullaballoo wrote: »
    If an offence does not apply to certain circumstances, it cannot be prosecuted, whereas where the legislation provides for a defence, the accused must raise the defence successfully at trial.

    That's a simplistic answer but it's effectively what you're looking to know, I think.

    Exactly what I'm looking for, thank you.


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