Quote:
Originally Posted by valo403
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.
|
If the nature of your assembly changes and you knowingly continue to partake in it, then yes you should be found guilty under this law. The purpose of this law isn't to get the guy who is participating peacefully while a group of anarchists is smashing windows. There's going to be (or at least there should be) enough leaway in the interpretation of the unlawful assembly to target specific people. These would be people who jeer on the unlawful people. People who stay with the group of people commiting the unlawful act.
The idea is that you are trying to target people who actively obstruct the police's ability to deal with violence or people who actively encourage others to commit violence. Whether or not the police and courts apply the law that way is another matter.
Keep in mind it is up to the police to prove their case agasint you. But if you were to be moving away from the group or unaware that the group was being violent and a police officer arrested you, the police would still have to prove you were knowingly assembling with the group.
The tricker part I could see is the case of someone who wants to watch or record the riot.