Thats great, thanks a million.
On Sep 28, 1:20 pm, Bee <[EMAIL PROTECTED]> wrote:
> In relation to part 2 of your question:
>
> 5.—(1) A person who—
>
> ( a ) has or attempts to have sexual intercourse, or
>
> ( b ) commits or attempts to commit an act of buggery,
>
> with a person who is mentally impaired (other than a person to whom he
> is married or to whom he believes with reasonable cause he is married)
> shall be guilty of an offence and shall be liable on conviction on
> indictment to—
>
> (i) in the case of having sexual intercourse or committing an act of
> buggery, imprisonment for a term not exceeding 10 years, and
>
> (ii) in the case of an attempt to have sexual intercourse or an
> attempt to commit an act of buggery, imprisonment for a term not
> exceeding 3 years in the case of a first conviction, and in the case
> of a second or any subsequent conviction imprisonment for a term not
> exceeding 5 years.
>
> (2) A male person who commits or attempts to commit an act of gross
> indecency with another male person who is mentally impaired shall be
> guilty of an offence and shall be liable on conviction on 5 indictment
> to imprisonment for a term not exceeding 2 years.
>
> (3) In any proceedings under this section it shall be a defence for
> the accused to show that at the time of the alleged commission of the
> offence he did not know and had no reason to suspect that the person
> in respect of whom he is charged was mentally impaired.
>
> (4) Proceedings against a person charged with an offence under this
> section shall not be taken except by or with the consent of the
> Director of Public Prosecutions.
>
> (5) In this section "mentally impaired" means suffering from a
> disorder of the mind, whether through mental handicap or mental
> illness, which is of such a nature or degree as to render a person
> incapable of living an independent life or of guarding against serious
> exploitation.
>
> On Sep 28, 12:18 pm, MD <[EMAIL PROTECTED]> wrote:
>
> > Punishment for Incitement is:
> > Summarily - max penalty of 1270 euro fine and/or 6 months.
> > Indictment - max penalty of 12700 euro fine and/or 2 years.
>
> > On Sep 28, 10:48 am, James <[EMAIL PROTECTED]> wrote:
>
> > > HI, just wondering if anyone could clear these up for me:
>
> > > 1. What's the punishment on conviction for incitement?
>
> > > and
>
> > > 2. To what acts does s5 Crim Law (Sex. Offences) Act 1993-offences
> > > against mentally impaired persons apply, and what's the punishment on
> > > conviction?
>
> > > Cheers, best of luck.
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