EU Crypto Free Trade Area

[Nicholas Bohm]

At 09:25 21/03/1998 -0000, Brian Gladman <gladman@seven77.demon.co.uk> wrote:

[snip]

>Not being a lawyer, I don't know the significance in the courts of a
>situation where the authorities are seen, over a long period, not to enforce
>a law.  I would certainly be interested to hear from any lawyers on the list
>on what might happen in court if someone is now singled out for prosecution
>when so many other openly documented breaches of the regulations have been
>ignored.  I would have at least hoped that the courts would ask themselves
>what made the case before them so special.

The existence of unprosecuted crimes does not entitle prosecuted criminals
to an acquittal.  (Think about speeding offences.)  This remains the case
where the prosecutions are selective on objectionable grounds (for example,
street sellers of conventional newspapers unmolested, street sellers of
politically controversial newspapers moved on or prosecuted for obstructions).

If you are VERY lucky with your judge, you might be able to bring in issues
of this kind in support of a plea in mitigation of sentence.  In an
outrageous case, you might get a sentence consisting of an absolute
discharge (i.e. no penalty at all), by way of two fingers to the prosecutor.

	Regards,

		Nicholas Bohm

Salkyns, Great Canfield,
Takeley, Bishop's Stortford CM22 6SX, UK

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