Body & Soul1 min ago
It's a Catastrophe
I thought that this lad had actually confessed to the crime
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I am sitting here with the gent in my avatar screaming at me, we were at the vet this morning and he does this every time we go to the vet. I feel that I am being cruel by not being able to settle him (I have tried everything). But the concept of swinging a cat by the tail is pretty barbaric in comparison.
Cats are easily freaked out and can take ages to get over any bad experience. Although I note that Frankie has shut up.
If people think that they can do cruel things to animals then the next step is hurting other humans. Most humans can fight back - cats may have a huge personality but they are quite small animals.
If people think that they can do cruel things to animals then the next step is hurting other humans. Most humans can fight back - cats may have a huge personality but they are quite small animals.
CCTV seems often not clear enough to positively identify individuals. And I guess the witness is in a position of one person's word against another. I'm unsure how many witnesses one needs though to identify the individual who mistreated the cat.
The guy definitely needs watching though. If he thinks it ok to do that to another creature he clearly has no respect for anyone other than himself. Who knows what he'll try in the future.
The guy definitely needs watching though. If he thinks it ok to do that to another creature he clearly has no respect for anyone other than himself. Who knows what he'll try in the future.
If he could have been any one of four swinging the cat the only way the prosecution could get home would be on joint enterprise. Evidently the i.d. was not good enough to have him as the main offender. The case was, apparently, opened on the basis that he was doing the swinging, not joint enterprise. If so, the prosecution could not be heard to argue joint enterprise later unless the case in evidence, contrary to all expectation, became plainly that.
Anyway, to succeed on joint enterprise they'd have to show that he was one who was, at least, aware of what was going to happen and encouraged its commission.The witness did not see the start, only what was already happening. They would not get home if one person picked up the cat and swung it and the defendant did not stop him from continuing nor if he cheered after the swinging started. The latter is close enough on a purely technical level because they could say that, whilst he did not instigate it, any swing after he cheered was further unnecessary suffering inflicted which he encouraged. The reality is that no bench would find such a legalistic view worthy of a conviction; the crime is one continuing act and does not lend itself to being divided into separate sections,a before cheering cruelty and an after cheering cruelty.
Anyway, to succeed on joint enterprise they'd have to show that he was one who was, at least, aware of what was going to happen and encouraged its commission.The witness did not see the start, only what was already happening. They would not get home if one person picked up the cat and swung it and the defendant did not stop him from continuing nor if he cheered after the swinging started. The latter is close enough on a purely technical level because they could say that, whilst he did not instigate it, any swing after he cheered was further unnecessary suffering inflicted which he encouraged. The reality is that no bench would find such a legalistic view worthy of a conviction; the crime is one continuing act and does not lend itself to being divided into separate sections,a before cheering cruelty and an after cheering cruelty.
Fred - thanks for your input. I know that we read an article such as the one in the Telegraph it doesn't tell us the whole story.
I am aware of the concept of Joint Enterprise (I have a 'degree' in watching Law & Order on TV - albeit showing the US legal system) but I thought that this guy had turned himself into the police thus confessing to the crime.
Realistically the punishment would have not been very severe. I understand that some people see animals as a much lesser life form, but to inflict any sort of cruelty upon any creature is a reflection on that person's personality.
I had a nap earlier and upon waking found a male felines behind stuck in my face, the tail whacking me as its owner grew impatient for food. For a moment I contemplated the tail - but I resisted. :-) The tail and the feline are both sunning themselves on the windowsill as I type.
I am aware of the concept of Joint Enterprise (I have a 'degree' in watching Law & Order on TV - albeit showing the US legal system) but I thought that this guy had turned himself into the police thus confessing to the crime.
Realistically the punishment would have not been very severe. I understand that some people see animals as a much lesser life form, but to inflict any sort of cruelty upon any creature is a reflection on that person's personality.
I had a nap earlier and upon waking found a male felines behind stuck in my face, the tail whacking me as its owner grew impatient for food. For a moment I contemplated the tail - but I resisted. :-) The tail and the feline are both sunning themselves on the windowsill as I type.
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