G'day to you IS MISE...

I'd bet pounds to a 'bucket of goat sh.t' you took up smoking and boozing in the Army? Or am I wrong? I never smoked myself, but overseas we did have the odd drink or two. Malaya it was 'Tiger' and Vietnam it was the ol' reliable 'Buds' amply supplied by the yanks! They'd fly pallets of the stuff in on the huge B 'something or other' freighters, therefore we were never actually dry except when outside the wire of course. I reckon you'd need considerable willpower to give up smoking, you're to be applauded I reckon.

There's absolutely no doubt those facing Court will proffer anything at all, if they believe it'll get them off whatever charges they're facing. And that's their right. If I were facing criminal proceeding I do everything possible to have myself acquitted too.

The problem arises where many in the magistracy are simply too gullible and they often believe all these little fantasies and excuses, they've been regaled with, by the accused. Another area that many outside the judicial system don't realise, the average Magistrate doesn't like to see his/her determinations appealed and overturned, thus losing 'judicial face' if you like in the presence of their peers? To be described as being too soft, is far more acceptable (in chambers) than to see they've got it plain wrong.

Unlike Judges and Justices in higher Courts, Magistrates can be removed by governments under certain circumstances. So none of them like to blot their copy book by having many of their decisions overturned. And coppers, could spend hundreds of hours preparing a solid brief of evidence, only to have it blown out of the water by some timid magistrate too nervous to do what's right.

The proffer of mental illness in Court, is often driven by the Defendant's Counsel. Rarely will you see a matter dismissed, on the grounds of Mental Incapacity. Where it is occasionally used, in matters of homicide (murder). And the proof of which shifts from the Crown, to the accused.
The criterion that's used is the 1843 judgement known as the McNaghton Rule. It say's...

VERBATIM: "It is a defence to a criminal prosecution for the accused to show that, at the time of committing the act, he was labouring under such a defect of reason, from disease of the mind, as to not know the nature and quality of the act he was doing, or if he did know this that he did not know that what he was doing was wrong".

I'd be safe in saying, many a murderer has tried this route, and failed miserably in the process.

o sung wu,

As I said I started smoking at an early age, about 11 or so, but I'd given it up before I joined the Army but started again in Korea.
A tin of 50 free from Lord Nuffield every payday (usually Capstan, pommy fags and not the best) or Lucky Strike, Chesterfields etc., at 10 cents for 20 and "El Roi-Tan" cigars were also 10 cents, but each.

I also took up drinking in the Army, but in moderation, as our OC had only one rule on drink, "Drink as much as you like, lads, but you'd better be sober at Reveille", to comply was VERY necessary and to be able to do so meant moderation and it stuck.

On 'direct policing', we lads were well aware that mildly offensive behavior could earn a few well directed whacks if not a boot in the posterior as a parting gift.
Consequently, we learned to curb our exuberance and to practice the social behavior that we'd been taught.

osw,

Rave on. That's the good thing sites like this: you can talk all sorts of make-believe bullshite. Malaya, Vietnam. You were probably never a cop either.

ttbn: you can talk all sorts of make-believe bullshite. Malaya, Vietnam. You were probably never a cop either.

You've over stepped the mark, 'ol mate. Time to get some respect to those who have done their bit for humanity. I our day it would have been a size 9 & tell your dad for him to sort you out.

I do detect some mental illness, judging by your replies here & elsewhere. Get thee to a Doctor post haste.

Jayb,

You have made insulting remarks about me in the past, so I am not going to take any notice of you. I haven't “over stepped the mark”, and I am not your “ 'ol mate.”

I have absolutely no respect for o sung wu, and we have only his word that he has ever done the things he claims to have done. I repeat: “That's the good thing sites like this: you can talk all sorts of make-believe bullshite. Malaya, Vietnam. You were probably never a cop either.”

I also suggest that you check out o sung wu's past posts where he has admitted problems with his own grey matter. And, think about your own obvious gullibility before you make smart-arse remarks to other people.