Thread: Discharge Without Conviction

Originally Posted by Moa Hunter

I understand and appreciate that you have taken the time to explain how the judge came to her decision and how this particular law is applied Ultimitsu.
We have been very concerned about a name caller being shot and now forum members want to 'shoot the messenger' a strange irony indeed...

If we as forum members wish to make our position known should we contact the Minister of Justice or someone else ??

you have to write to your local MP to convince him that section 9 (2) (c) of the Sentencing Act 2002 is wrong and should be repealed, the section says this:

(2) In sentencing or otherwise dealing with an offender the court must take into account the following mitigating factors to the extent that they are applicable in the case:
(c) the conduct of the victim.

If you manage to convince him, he will start a member's bill asking the rest of the Parliament to agree with him. If over half of the parliament agrees with him the bill will be passed eventually and amendment to the law will be made.


Keep in mind, merely make your position known, without more, will not serve any purpose. Because in the end of the day this is democracy, you have to get over 50% support in the Parliament for a bill to pass into law, to have real change.

Provocation was in the past an actual defence. about 20 years ago following a case where a man killed a homosexual man for making an advance on him, the public had an outcry and the law was changed. Provocation defence was removed.