Full Version : From the mind of the dearly departed
buhc >>Gossip >>From the mind of the dearly departed


James a.k.a Mission- 10-18-2006
Removed 20/12/06. Amused though.

scoops- 10-19-2006
How does one make a come back to a comment like that?
James if i was you i would go for section 46
(1)
Title Two Determination of Punishment
Section 46 Principles for Determining Punishment
(1) The guilt of the perpetrator is the foundation for determining punishment. The effects which the punishment will be expected to have on the perpetrator's future life in society shall be considered.

(2) In its determination the court shall counterbalance the circumstances which speak for and against the perpetrator. In doing so consideration shall be given in particular to:

the motives and aims of the perpetrator;

the state of mind reflected in the act and the willfulness involved in its commission;

the extent of breach of any duties;

the manner of execution and the culpable consequences of the act;

the perpetrator's prior history, his personal and financial circumstances; as well as

his conduct after the act, particularly his efforts to make restitution for the harm caused as well as the perpetrator's efforts to achieve mediation with the aggrieved party.

(3) Circumstances which are already statutory elements of the offense may not be considered.

Section 46a Mediation Between the Perpetrator and the Victim, Restitution for Harm Caused
If the perpetrator has:

1. in an effort to achieve mediation with the aggrieved party (mediation between perpetrator and victim), completely or substantially made restitution for his act or earnestly strived to make restitution; or

2. in a case in which the restitution for the harm caused required substantial personal accomplishments or personal sacrifice on his part, completely or substantially compensated the victim,

then the court may mitigate the punishment pursuant to Section 49 subsection (1), or, if the maximum punishment which may be incurred is imprisonment for not more than one year or a fine of not more than three hundred sixty daily rates, dispense with punishment.

Section 47 Short Terms of Imprisonment only in Exceptional Cases
(1) A court may impose imprisonment for less than six months only when special circumstances exist, either in the act or the personality of the perpetrator, which make the imposition of imprisonment indispensable to exert influence on the perpetrator or to defend the legal order.

(2) If the law does not provide for a fine and a term of imprisonment of six months or more has been ruled out, the court shall impose a fine if the imposition of imprisonment is not indispensable pursuant to subsection (1). If the law provides for an increased minimum term of imprisonment, the minimum fine in cases covered by sentence 1 is determined by the minimum prescribed term of imprisonment; thirty daily rates shall thus correspond to one month imprisonment.



and as for calling me "Baldrick to my Blackadder."

all i can really say is thankyou and that i have a cunning plan......

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