Guy fined for holding a sword in a picture

[Potatojunkie]

Originally Posted by GoddamnElectric

Possession of a bladed weapon is an offence, and it's what we call a 'strict' offence in that you don't need to have done anything further to be guilty of it. It's automatic. You possess a blade*, you've committed a crime. So putting a picture of yourself holding it online is not very clever, and is all the evidence the fiscal needs to prosecute you for it.

How can it be proven from a photograph that a) you own it or b) it's not made out of foam rubber? Can the fiscal tell from the pixels that it hasn't been photoshopped? Evidence fuck all.

[Shannow]

Originally Posted by GoddamnElectric

Possession of a bladed weapon is an offence, and it's what we call a 'strict' offence in that you don't need to have done anything further to be guilty of it. It's automatic. You possess a blade*, you've committed a crime. So putting a picture of yourself holding it online is not very clever, and is all the evidence the fiscal needs to prosecute you for it.

*there are exceptions for length (i.e. swiss army knives), religious practices, use in a trade or other common household use.

So why is it entirely legal to go buy one in victor morris?

[GoddamnElectric]

Originally Posted by Potatojunkie

How can it be proven from a photograph that a) you own it or b) it's not made out of foam rubber? Can the fiscal tell from the pixels that it hasn't been photoshopped? Evidence fuck all.

1) You don't need to own it, the crime is possession
2) There's simply no way a fiscal would stop to consider 'I wonder if this is photoshopped' if it looks real enough. If you wanted to try to explain that it's faked you'd probably have to do that in person, before a Sheriff. Cause it's a bit of a stretch to expect the fiscal to believe that unless it's a pretty obvious edit to the average person looking at it.

[ladysavage]

it's bloody ridiculous, we have loads of swords and ornamental weapons here, not to mention all the LARP weaponry. Friends of mine are members of the Glasgow Vikings, what about their swords and stuff? Yeah it's shite that folk get stabbed and maimed but surely good ol' kitchen knives are just as effective at doing that as my japanese sword stick, if not more so cos you can shove it in your pocket and not wader around looking like an extra outta Blade..

[GoddamnElectric]

Oh, and for the record I didn't say I agreed with the conviction. I can just see the route the fiscal took, and while it's not exactly within the spirit of the law it does seem to fit within the letter.

Mind you, the article doesn't say whether it was prosecuted under possession of a weapon or breach of the peace.

[Potatojunkie]

Is it an offense to photoshop guillotines and ninja stars onto photos of people in order to get them in trouble? Because I may just have found a new hobby.

[GoddamnElectric]

Originally Posted by Potatojunkie

Is it an offense to photoshop guillotines and ninja stars onto photos of people in order to get them in trouble? Because I may just have found a new hobby.

If you photoshopped an image to which you don't have copyright or permission then technically the owner has an action against you. If you owned the copyright in the photo you can do whatever you want with it, but not anything that would count as defamation to the subject of the picture as he/she would then possibly have an action.

Hey, ask a pedantic question... ;P

[djtoast]

Originally Posted by Potatojunkie

Is it an offense to photoshop guillotines and ninja stars onto photos of people in order to get them in trouble? Because I may just have found a new hobby.

What about inflatable sheep?

[GoddamnElectric]

Hmmm... the story also doesn't say where the guy was posing with the sword. The vast majority of the anti-knife laws only apply if you possess the weapon in a public place. If he took this picture in his own bedroom or something, then that goes out the window. Then it would probably be breach of the peace. And don't even get me started on the random stuff that can fall under that catagory - it's like the go-to law when the fiscal can't make what you've done fit into anything else.

[Kenny Everett]

Aye , Iwas presuming he had it in public.

I can see both how this would be a worthwhile prosecution, and a load of tosh.. depending on the exact circumstances.

[Addy]

If he had it in public, then that's his own idiocy and the prosecution is valid - there's no need to have something like that in public unless it's at some licensed reenactment or something. If it was in his own home it's dodgy because as folk have said there are legitimate hobby-type reasons for owning swords.

[0x21]

It must have been in public; as far as I'm aware beyond a few items which are illegal to own (such as butterfly knives), the only crime would be in having them in public. Which is why they are still legal to buy (though I think they were trying to outlaw / restrict that even further?)

[slicer]

Originally Posted by Rev Scapegoat

Dammit, I can't find the one of me, you and Zaz!

This will suffice...

Fucksakes, that a Black Death Vodka or Cigarettes tshirt? Was trying to get a hold of a vodka one for ages, but sadly failed miserably

[Ferkle]

Originally Posted by GoddamnElectric

Hmmm... the story also doesn't say where the guy was posing with the sword. The vast majority of the anti-knife laws only apply if you possess the weapon in a public place. If he took this picture in his own bedroom or something, then that goes out the window. Then it would probably be breach of the peace. And don't even get me started on the random stuff that can fall under that catagory - it's like the go-to law when the fiscal can't make what you've done fit into anything else.

Like, 'Oh my God that guy is making some weird gesticulation with his hand and thus putting me in a state of fear and alarm.' Even though the poor guy could be waving to his pal from the bus or something.

It seems to me that it's used to arrest folk that are generally pissing people/the police off, but they're not really doing anything illegal.

What annoys me is if you're (more than likely drunk and) pure raging and arguing with your S.O. and say he/she shouts at you and you get called a cow/bawbag, and your pal/maw is there to witness it, if you call the police the guy/lassie will be held in custody for a domestic breach! I mean, in some cases it's for the your safety, as it may lead to you getting battered/murdered, but a lot of the time it's just a come-back and to get one over on them if they've pissed you off.

Even making joking threats online (which comes under a different legislation, but is still utterly ridiculous a lot of the time) if they can be perceived as being serious you can be arrested for it.

Sorry. I've been working too much lately and it's making me cranky with the law! GRRR!

[crazydiamond85]

haha, he's a Larper he deserves it for being a cock