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Old 14-01-2022, 21:36   #24
Hugh
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Re: Extinction Rebellion Protesters Cleared

Quote:
Originally Posted by nomadking View Post
The question is what would the CPS do with another similar case? The precedent set by the juries now there.
No, it’s not - juries don’t set precedents.

You are assuming that all the juries in every different part of the country would act the same way - this is not likely.

You may find this barrister’s review of the verdict informative (or may not) - my friend (the Regional CPS) said it was a reasoned, and reasonable, document; they has over 35 years criminal law experience, so, if you don’t mind, I’ll take their informed view over yours…

https://thesecretbarrister.com/2022/...u-should-know/

Quote:
Does this create a precedent? Does it mean that anybody can now pull down a statue of somebody they don’t like without consequence?

No. And no. Jury verdicts create no precedent in law. If a case with exactly the same facts were tried tomorrow by a different jury, that jury would be entitled to convict. If you pull down a statue, and the Crown Prosecution Service conclude that there is evidence to support a charge of criminal damage and that it is in the public interest to prosecute you, you will be prosecuted for criminal damage. You will then be at liberty to plead not guilty and to be tried by a jury of your peers, during which you would be tried according to the same standards and under the same law as the Colston 4. Whether you would be convicted, and, if so, what your sentence would be, would entirely depend on the facts and circumstances proved by the evidence. There is never a guaranteed outcome with a jury trial.
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