bearishbull
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it is criminal,its under the criminal justice act 1994 and he doesnt have to take rudeness but he doesnt have to be a pr1ck either.Leo said:Just because he hears it all the time is no reason for him to sit back and take it.
This is a civil matter rather than criminal, so no criminal record.
Can't see how you could contest it, best bet is to apologise, possibly even directly to the Garda before the court date.
it was 4 in the morning and he had a big crowd listeningredbhoy said:With cases like this , is it any wonder people have a low opinion of the Garda? They bring it on themselves. Small bit of power and they think they're so high and mighty!
I thought buskers were legal anyway?
yeah but getting a criminal record for cursing ? maybe a fixed penalty fine but going to court for this is nonsense.SteelBlue05 said:What do you expect, if this was in the US, you would think twice about saying that to a policeman. The problem here is that the Gardai dont have the same level of authority and dont command the same level of respect that US police do.
Either way, its your own fault you've ended up in court.
bearishbull said:yeah but getting a criminal record for cursing ? maybe a fixed penalty fine but going to court for this is nonsense.
i didnt go to the garda station ,he cant stop it once the summons is issued by DPP's office.court date is next week so not much time to get it dropped if thats possible.SteelBlue05 said:Dont worry, you wont get a criminal record. Probation Act I'd say, or it may not end up in court at all. Certainly wont get a criminal record. I mean I was punched in the face about 3 years ago and the guy ended just getting a fine (i.e. pay into the poor box) and no criminal record.
I would agree that going to court for this is crazy, a fixed penalty would be appropriate. Did you go into the Garda Station to apologise to the Gaurd for what happened, that would have sorted it all out.
bearishbull said:i didnt go to the garda station ,he cant stop it once the summons is issued by DPP's office.court date is next week so not much time to get it dropped if thats possible.
he asked for my details and i gave him my ID and complied with his orders to move along but he seemed smug and said "i'll see ya in court" ,i had been saying i've done nothing wrong so bring me to court of you like,i didnt realise that using f word was an offense ,i use it everyday as its part of the vernacular.i wasnt cursing to be offensive .i wouldnt back down either which is probably why he followed through on the summons.SteelBlue05 said:So what exactly happened after you told him to "leave him alone for f&cks sake", did you not apologise to him then? Sounds like you give him no alternative but to bring it to this conclusion, he could hardly let you off as it would be an undermining of Gardai authority.
bearishbull said:i wasnt cursing to be offensive .i wouldnt back down either which is probably why he followed through on the summons.
Me either, and don't think it is - pressuming your version is accurate, then I reckon the judge will throw it out - the problem is that the Guard will probably lie and say that you actually used the word in a derogatory way to him. I must ask some of my legal friends what their take is on this.i didnt realise that using f word was an offense ,i use it everyday as its part of the vernacular.i wasnt cursing to be offensive
redbhoy said:I thought buskers were legal anyway?
bearishbull said:the DPP issued the summons so i cant go to guard and apologise and expect him to drop charges cos he cant.
im not apologising as i dont feel i did anything illegal. maybe im too stuborn,i'll let the judge decide.Leo said:bearishbull said:the DPP issued the summons so i cant go to guard and apologise and expect him to drop charges cos he cant. quote]
It's not about getting him to drop the charges, it's about appearing to be remorseful when you go to court.
This is neither a civil nor a criminal issue but it might help if you paid heed to the .bearishbull said:it is criminal,its under the criminal justice act 1994 and he doesnt have to take rudeness but he doesnt have to be a pr1ck either.
If you feel that strongly about it then you should challenge the constitutionality of the law in question on the basis that it curtails your right to free speech. I'm sure that the ICCL or even the [broken link removed] might be willing to support you.bearishbull said:im not apologising as i dont feel i did anything illegal. maybe im too stuborn,i'll let the judge decide.
WADR, bearishbull, maybe you should switch around the terms of your username...?bearishbull said:im not apologising as i dont feel i did anything illegal. maybe im too stuborn,i'll let the judge decide.
As a general principle, ignorance of the law is no defence.bearishbull said:i didnt realise that using f word was an offense ,i use it everyday as its part of the vernacular.i wasnt cursing to be offensive .i wouldnt back down either which is probably why he followed through on the summons.
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