Jan 4, 2009 12:46
15 yrs ago
31 viewers *
English term

offence

English Law/Patents Law (general)
What does the word 'offence' mean in the following sentence?

The Court ruled that a provision making it a crime for a “suspected person or reputed thief” to “loiter with intent” was unconstitutional as the **offence** presupposed that a person was guilty of a crime.

It seems to me that it is "prosecution" but I cannot find this meaning in the dictionaries.

Discussion

juvera Jan 4, 2009:
To put it in other words The offence the "suspected person or reputed thief" could be charged with is "loitering with intent", but the Court ruled that this is not acceptable (on constitutional grounds), because this charge implies that the person committed a crime. In reality the crime has not been commited. (Not yet anyway). The person was behaving suspiciously, or was in the wrong place at the wrong time or has a track record of crimes like burglary, but that doesn't mean that a crime was committed.

Responses

+11
4 mins
Selected

the definition of the offence

I'm no lawyer, but it seems to me that it must mean that the definition of the offence makes this assumption.
Peer comment(s):

agree SirReaL
0 min
Thank you.
agree Tony M : Yes, here the offence = the potential crime (described just before)
18 mins
Thank you.
agree Kathryn Litherland
2 hrs
Thank you.
agree Tina Vonhof (X)
3 hrs
Thank you.
agree Demi Ebrite
5 hrs
Thank you.
agree Tatiana N. (X) : criminal offense - definition of the crime charged
6 hrs
Thank you.
agree Alexandra Taggart : Probably the intrusion on the private territory ( I would imagine)
6 hrs
Thank you.
agree Madeleine MacRae Klintebo
8 hrs
Thank you.
agree Gary D
8 hrs
Thank you.
agree Phong Le
17 hrs
Thank you.
agree chaman4723
23 hrs
Thank you.
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4 KudoZ points awarded for this answer. Comment: "Thanks!"
27 mins

infraction of the law

As you can see, it is al alternate spelling for "offense"

The definition that is relevant here is an "infraction of the law"

In this particular case the offence, or offense, or infraction of the law is unconstitutional because it is treating a suspect, not proven guilgy of the crime or infraction itself, as if he had already been found gulty.

Merriam-Webster Dictionary


Main Entry:
of·fense Listen to the pronunciation of offense Listen to the pronunciation of offense
Variant(s):
or of·fence Listen to the pronunciation of offence Listen to the pronunciation of offence \ə-ˈfen(t)s, especially for 3 ˈä-ˌfen(t)s, ˈȯ-\
Function:
noun
Etymology:
Middle English, from Anglo-French, from Latin offensa, from feminine of offensus, past participle of offendere
Date:
14th century

1 aobsolete : an act of stumbling barchaic : a cause or occasion of sin : stumbling block2: something that outrages the moral or physical senses3 a: the act of attacking : assault b: the means or method of attacking or of attempting to score c: the offensive team or members of a team playing offensive positions d: scoring ability4 a: the act of displeasing or affronting b: the state of being insulted or morally outraged <takes offense at the slightest criticism>5 a: a breach of a moral or social code : sin , misdeed b: an infraction of law ; especially : misdemeanor
— of·fense·less Listen to the pronunciation of offenseless \-ləs\ adjective

Mike :)
Peer comment(s):

neutral juvera : Not an "alternative" spelling on this side of the pond. Quite frankly, the etymology has no relevance to the question either.
14 mins
If you prefer, "offense" is an "alternatie" spelling of "offence." The only reason I mentioned that is becasue the asker aid he could not locate the word. I agree it is not relevant. I have no bias in favor of one form or the other.
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