"Jaques d'Alltrades" wrote in message
k...
The message
from (Nick Maclaren) contains these words:
In article ,
"ex WGS Hamm" writes:
|
| You and I are reading the same thing and interpreting it differently.
If
| someone told my neighbour's kids that they didn't have to ask my
permission
| to come into my garden but to just come and get the ball, that to
me means
| they are being incited to trespass.

Nonsense. Trespass requires damage. Merely entering someone else's
land is not trespass.

Going onto someone's land unbidden is trespass. It only becomes a crime
if damage is done or if the trespass is committed with unlawful intent,
and is now, I believe, called 'aggravated trespass'.

For instance, if you take your car on the road to visit your Great Aunt
Agatha, there is no unlawful intent (unless you intend to put rat poison
in her tea caddy). However, under fairly recent legislation, if you
drive your car on the road with the intention of shooting your
neighbour's pheasants, you are committing the tort of trespass on the
public highway, as well as the crimes of armed trespass and aggravated
trespass.

--
Rusty
Open the creaking gate to make a horrid.squeak, then lower the foobar.
http://www.users.zetnet.co.uk/hi-fi/

My understanding is that once a road had been adopted by a Local Authority
or The Highways Authority, everyone has a right of access to and over it.
Criminal intent relates to the intention to commit a crime, not the location
of the person having that intent.
Am I wrong? If so, why? And why should I believe you?

The message
from "Duncan Heenan" contains these words:

My understanding is that once a road had been adopted by a Local Authority
or The Highways Authority, everyone has a right of access to and over it.

Yes.

Criminal intent relates to the intention to commit a crime, not the
location
of the person having that intent.

Yes.

Am I wrong? If so, why? And why should I believe you?

Yes, but you are wrong in assuming that you have any right to use the
public highway in the commission of a criminal act. The public highway
may lawfully be used for passing and repassing, but may not be so used
unlawfully.

You don't have to believe me, but in my part-time life as a very
part-time gamekeeper I have to know these things. However, you can look
them up using the excellent references provided in the thread.

--
Rusty
Open the creaking gate to make a horrid.squeak, then lower the foobar.
http://www.users.zetnet.co.uk/hi-fi/

"Jaques d'Alltrades" wrote in message
k...
The message
from "Duncan Heenan" contains these words:

My understanding is that once a road had been adopted by a Local
Authority
or The Highways Authority, everyone has a right of access to and over it.

Yes.

Criminal intent relates to the intention to commit a crime, not the
location
of the person having that intent.

Yes.

Am I wrong? If so, why? And why should I believe you?

Yes, but you are wrong in assuming that you have any right to use the
public highway in the commission of a criminal act. The public highway
may lawfully be used for passing and repassing, but may not be so used
unlawfully.

I have never heard of a public highway being used as a weapon, and I'm not
sure how else it could one could 'use it in the commission of a criminal
act'. A Public highway is used to travel or dwell on. They are not criminal
acts. I think you are confused. If you are arrested for doing something
unlawfully, it is what you are doing which will be unlawful, not the fact
that you might be doing it in the road - apart perhaps for some acts which
are legal in private but not in public.



You don't have to believe me, but in my part-time life as a very
part-time gamekeeper I have to know these things. However, you can look
them up using the excellent references provided in the thread.

Don't believe things just because they're on the internet:

A little learning is a dangerous thing
Drink deep or taste not the Pierian spring
There shallow draughts intoxicate the brain
And drinking largely sobers us again.

Duncan Heenan wrote:

I have never heard of a public highway being used as a weapon, and I'm not
sure how else it could one could 'use it in the commission of a criminal
act'.

Hit and run, speeding, driving without due care and attention . . .

A Public highway is used to travel or dwell on. They are not
criminal acts. I think you are confused. If you are arrested for doing
something unlawfully, it is what you are doing which will be unlawful, not
the fact that you might be doing it in the road - apart perhaps for some
acts which are legal in private but not in public.



You don't have to believe me, but in my part-time life as a very
part-time gamekeeper I have to know these things. However, you can look
them up using the excellent references provided in the thread.

Don't believe things just because they're on the internet:

A little learning is a dangerous thing
Drink deep or taste not the Pierian spring
There shallow draughts intoxicate the brain
And drinking largely sobers us again.




--
"I strongly recommend if you only ever read one book in your life...
you keep your ****ing mouth shut."
- Banksy

"bigboard" wrote in message
...
Duncan Heenan wrote:

I have never heard of a public highway being used as a weapon, and I'm
not
sure how else it could one could 'use it in the commission of a criminal
act'.

Hit and run, speeding, driving without due care and attention . . .

No. It is the vehicle which is used to commit the unlawful act, not the
public highway. Without the vehicle there would be no breech of the law.

A Public highway is used to travel or dwell on. They are not
criminal acts. I think you are confused. If you are arrested for doing
something unlawfully, it is what you are doing which will be unlawful,
not
the fact that you might be doing it in the road - apart perhaps for some
acts which are legal in private but not in public.



You don't have to believe me, but in my part-time life as a very
part-time gamekeeper I have to know these things. However, you can look
them up using the excellent references provided in the thread.

Don't believe things just because they're on the internet:

A little learning is a dangerous thing
Drink deep or taste not the Pierian spring
There shallow draughts intoxicate the brain
And drinking largely sobers us again.




--
"I strongly recommend if you only ever read one book in your life...
you keep your ****ing mouth shut."
- Banksy

I strongly recommend that if you're worried that people will think you a
fool because you keep your mouth shut, you continue to do so rather than
open it and prove them right.