Drink / Drive Position - Motorhome in Pub Car Park
Discussion
Point well missed.
The defendant can being asked to adduce evidence, testable by the court that he would not have changed his mind. What testable evidence might he possibly adduce that on balance of probabilities the he would not have changed his mind. Of course he COULD have changed his mind, being asleep is not a permanent state and it is quite possible to awake while still sozzled and quite possible while in that state to have made the mistaken decision to drive. The onus would be on the defendant, albeit with a reduced burden of proof to demonstrate that which cannot be demonstrated.
The defendant can being asked to adduce evidence, testable by the court that he would not have changed his mind. What testable evidence might he possibly adduce that on balance of probabilities the he would not have changed his mind. Of course he COULD have changed his mind, being asleep is not a permanent state and it is quite possible to awake while still sozzled and quite possible while in that state to have made the mistaken decision to drive. The onus would be on the defendant, albeit with a reduced burden of proof to demonstrate that which cannot be demonstrated.
fatjon said:
Point well missed.
The defendant can being asked to adduce evidence, testable by the court that he would not have changed his mind. What testable evidence might he possibly adduce that on balance of probabilities the he would not have changed his mind. Of course he COULD have changed his mind, being asleep is not a permanent state and it is quite possible to awake while still sozzled and quite possible while in that state to have made the mistaken decision to drive. The onus would be on the defendant, albeit with a reduced burden of proof to demonstrate that which cannot be demonstrated.
I've read that three times, and I can only come to the conclusion that either you're baffling yourself with big words you don't understand, or you've been drinking.The defendant can being asked to adduce evidence, testable by the court that he would not have changed his mind. What testable evidence might he possibly adduce that on balance of probabilities the he would not have changed his mind. Of course he COULD have changed his mind, being asleep is not a permanent state and it is quite possible to awake while still sozzled and quite possible while in that state to have made the mistaken decision to drive. The onus would be on the defendant, albeit with a reduced burden of proof to demonstrate that which cannot be demonstrated.
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