RE: Dead Duck?8 Aug 2024 19:30
Here show your barrister this-
Communication offences
S127 CA 2003. Actus Reus
An offence under section 127 CA 2003 may be committed in a number of different ways.
S127/(1) an offender sends, or causes to be sent, via a public communications network a communication that is either grossly offensive or of an indecent obscene, or menacing character
S127/(2) fir the purpose of causing annoyance, inconvenience or anxiety to another, an offender
a sends or causes to be sent, a communication that the offender knows to be false, or
b. persistently makes use of a public electronic communications network
S127 CA 2003-Mens Rea
S127(1) grossly offensive communication
The correct approach was confirmed in DPP Kingsley Smith(2017)EWHC 359(Admin)
In that case, the Divisional Court noted(at paragraph 28(7)(i) of the courts judgement)
that the men's rea for a grossly offensive communications contrary to section127(1) ux that the offender intended hus message be grossly offensive to those to whom it related, or that he was aware at the time of sending that it might be taken to be so by a reasonable member of the public who read or saw it.
Both Actus reus and men's rea applies to your post the other night, when you referred to my dieing mother, show this to Captain Swag aswell as the same applies to his persistent post of giving me a kiss. I posted on several occasions how horrible it would be but he persisted. You are both as bad. Also his racis t content within his post was horrible.