BBC News - 'Fresh proposals' planned over cyber-monitoring

Francis Davey fjmd1a at gmail.com
Tue May 28 16:59:23 BST 2013


2013/5/28 Roland Perry <lists at internetpolicyagency.com>
>
>
> Because we are corresponding by email, not the web.


Bah. I think in 2013 I can expect the notorious Roland Perry to be able to
look something up on the web. It is not as if the world wide web is rather
new to you. I see that on ukcrypto I will have to quote the relevant
statute rather than merely citing it.

Fair enough, but that wasn't clear from the earlier posting.
>

That's why I make a practice of citing sources, so that people who want to
know more can read more.


>
> ps Why is this statute rarely used when husbands threaten to kill their
> ex-partners, with the police relying instead upon harassment law.


I don't know. Ask the CPS.

I suspect because it is much harder to prove. The prosecution will have to
prove a specific intent that the victim fear that the threat will be
carried out (i.e. that someone will be killed). A defendant might argue
that he only meant the victim to fear they would be beaten to a pulp.

Specific intent is also hard because if someone is *drunk* they may not be
able to form a specific intent.

--
Francis Davey
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