Quote:
Originally Posted by blankall
No mens rea to wearing the mask. But there would be a mens rea component to taking part in the unlawful assembly. So for instance, if you were just standing there and a riot happened around you, theoretically you shouldn't be convicted If you assembled with a group of people and you continued with them while the riot occured, you'd then be convicted.
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Okay yeah, I get you. I guess the issue there is that you can have the mens rea to engage in a lawful assembly, but what happens when that assembly turns unlawful and you're in the midst of it wearing a mask? Do you need to have the mes rea to engage in an unlawful assembly? The way I understand it is that your presence is sufficient, am I wrong in thinking that?
Anyways, it's really an issue of the law being applied responsibly. If it's use is limited to going after the losers who are smashing things etc. I don't have a problem with it, just seems a bit broad.