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ECHR again...

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    #31
    Originally posted by vetran View Post
    This is how law becomes weakened by good intentions and sympathetic cases.

    As to defending property, well this is the whole point of the proceeds of crime act, it means it isn't the criminals property and it never was. Not sure how you can confuse that with an innocent person being deprived of their legally acquired property by fraudulent government officials and retrospective legislation.
    And in such cases, individual property rights, which are pretty fundamental, are to be balanced against the needs of the public. The drug dealer and the undocumented worker are two completely different categories of crime with completely differing impacts on the public, and the ECHR rightly ticked the British government on the fingers for not balancing those rights.
    And what exactly is wrong with an "ad hominem" argument? Dodgy Agent, 16-5-2014

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      #32
      Presumably though if he had of been an oligarch who had got his millions from, lets say, not too legal means yet had bought a rather large and expensive property in London and flashed the cash, then such an act would not have happened (although he may be here legally, he may be wanted in other countries...)
      Brexit is having a wee in the middle of the room at a house party because nobody is talking to you, and then complaining about the smell.

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        #33
        Originally posted by darmstadt View Post
        Presumably though if he had of been an oligarch who had got his millions from, lets say, not too legal means yet had bought a rather large and expensive property in London and flashed the cash, then such an act would not have happened (although he may be here legally, he may be wanted in other countries...)
        indeed, this is why justice should be blind.
        Always forgive your enemies; nothing annoys them so much.

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          #34
          Originally posted by Mich the Tester View Post
          And in such cases, individual property rights, which are pretty fundamental, are to be balanced against the needs of the public. The drug dealer and the undocumented worker are two completely different categories of crime with completely differing impacts on the public, and the ECHR rightly ticked the British government on the fingers for not balancing those rights.
          why?

          Just because his crime was 'lesser' (who defines this objectively?) why is his right to the illegally obtained money more?

          If he had fiddled benefits would he be more entitled to the money or less?
          If he had defrauded a little old lady etc.

          too many grey areas! Too much money for lawyers.
          Always forgive your enemies; nothing annoys them so much.

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            #35
            Originally posted by vetran View Post

            Just because his crime was 'lesser' (who defines this objectively?)
            1; yes
            2; courts
            And what exactly is wrong with an "ad hominem" argument? Dodgy Agent, 16-5-2014

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              #36
              Originally posted by Mich the Tester View Post
              1; yes
              2; courts
              I respect your opinion but I fear you are wrong.
              Always forgive your enemies; nothing annoys them so much.

              Comment


                #37
                Originally posted by vetran View Post
                I respect your opinion but I fear you are wrong.
                No, I think you feel the court's decision was wrong.
                And what exactly is wrong with an "ad hominem" argument? Dodgy Agent, 16-5-2014

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                  #38
                  Originally posted by Mich the Tester View Post
                  No, I think you feel the court's decision was wrong.
                  both. I was being polite.
                  Always forgive your enemies; nothing annoys them so much.

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