Judiciary Happenings
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@Billy-Webb I don't know. Although I usually read the decisions, I can't remember whether a sanction has ever been increased on appeal. Not many players appeal their decision. The wording of Reg 18.8 doesn't exclude it.
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@Billy-Webb said in Judiciary Happenings:
@Stargazer Thanks Stargazer.
Interesting, while it covers a broad range of powers discretionary , and while it specifically mentions reducing a penalty, it omits to specifically mention increasing a penalty.
Deliberate omission?
Really quite weird. This would suggest that an increase isn't possible:
"power to reduce, uphold, decrease or cancel"
and yet clauses "c" and "d" suggest that they can do whatever they like.
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@Snowy The word "including" suggests that it's a non-exhaustive list of examples of what they can decide to do with the penalty. So IMO it suggests that an increase is possible. It's just odd that they've listed all the other options, but not the possibility to increase.
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@Stargazer Makes the whole thing a bit redundant.
"An appeal committee shall have to power to alter the decision as it shall think fit" would have done.
I wonder what someone got paid for that?
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@Snowy said in Judiciary Happenings:
@Stargazer Makes the whole thing a bit redundant.
"An appeal committee shall have to power to alter the decision as it shall think fit" would have done.
I wonder what someone got paid for that?
Six minute blocks mate! No use having a lawyer write something in five minutes that could take an hour and 30 seconds.
C***ts basically.
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@Snowy said in Judiciary Happenings:
@Crucial Excellent legal work if you look at it like that. Ambiguous, open to interpretation, confusing, rugby allover really - as well as likely expensive in this case.
Sometimes you wonder if the writers are on a royalty from the work their regulations create for others in the legal club.
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@Crucial said in Judiciary Happenings:
@Snowy said in Judiciary Happenings:
@Stargazer Makes the whole thing a bit redundant.
"An appeal committee shall have to power to alter the decision as it shall think fit" would have done.
I wonder what someone got paid for that?
Six minute blocks mate! No use having a lawyer write something in five minutes that could take an hour and 30 seconds.
C***ts basically.
Bollocks. Typical Fern reaction.
These things are normally written by an organisation's own legal staff, not by external lawyers on high wages. Legal staff are usually not on extraordinary wages at all; I know quite a few people who do that kind of work (for all sorts of organisations). And they're no cnuts, by the way.
I guess you guys have no legal background, but listing examples in phrases like that is very common and not confusing at all for those who have to apply these legal provisions. It's a legislative technique to steer the interpretation of a legal provision, without being overly restrictive. In a way, it limits the discretion that judicial officers/judicial committee's have in the application of these provisions, without excluding another (non-listed) interpretation completely.
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@Stargazer said in Judiciary Happenings:
Bollocks. Typical Fern reaction.
you know, sometimes i wonder why you are even here
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@Stargazer said in Judiciary Happenings:
@Crucial said in Judiciary Happenings:
@Snowy said in Judiciary Happenings:
@Stargazer Makes the whole thing a bit redundant.
"An appeal committee shall have to power to alter the decision as it shall think fit" would have done.
I wonder what someone got paid for that?
Six minute blocks mate! No use having a lawyer write something in five minutes that could take an hour and 30 seconds.
C***ts basically.
Bollocks. Typical Fern reaction.
These things are normally written by an organisation's own legal staff, not by external lawyers on high wages. Legal staff are usually not on extraordinary wages at all; I know quite a few people who do that kind of work (for all sorts of organisations). And they're no cnuts, by the way.
I guess you guys have no legal background, but listing examples in phrases like that is very common and not confusing at all for those who have to apply these legal provisions. It's a legislative technique to steer the interpretation of a legal provision, without being overly restrictive. In a way, it limits the discretion that judicial officers/judicial committee's have in the application of these provisions, without excluding another (non-listed) interpretation completely.
It's pretty obvious from the above that you have no legal background either.
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@mariner4life said in Judiciary Happenings:
@Stargazer said in Judiciary Happenings:
Bollocks. Typical Fern reaction.
you know, sometimes i wonder why you are even here
Where else would I go to get 20 links a day to instagram and twitter stories that I don't read?
Except for twitter and instagram.
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@Stargazer said in Judiciary Happenings:
@Snowy The word "including" suggests that it's a non-exhaustive list of examples of what they can decide to do with the penalty. So IMO it suggests that an increase is possible. It's just odd that they've listed all the other options, but not the possibility to increase.
That runs contrary to standard interpretation of the law. The section only provides for the decrease, so according to the principle of ejusdem generis, it is limited to the meaning of the specific words listed.
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@Stargazer said in Judiciary Happenings:
@SammyC And it's even more obvious that you don't know anything about me and are very wrong.
Well in that case I'm glad you're not my lawyer.
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@SammyC said in Judiciary Happenings:
@Stargazer said in Judiciary Happenings:
@SammyC And it's even more obvious that you don't know anything about me and are very wrong.
Well in that case I'm glad you're not my lawyer.
your honour, i point you to the highlighted Instagram post of September 26, 2019
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@mariner4life said in Judiciary Happenings:
@antipodean said in Judiciary Happenings:
ejusdem generis
you just made that up you chancer!
I thought I might add some actual legal knowledge to the discussion.
I understand that the provision of facts is a one day ban for the first offence around here?
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@antipodean said in Judiciary Happenings:
@mariner4life said in Judiciary Happenings:
@antipodean said in Judiciary Happenings:
ejusdem generis
you just made that up you chancer!
I thought I might add some actual legal knowledge to the discussion.
I understand that the provision of facts is a one day ban for the first offence around here?
ah, Waratahs fan, of course you are a lawyer. My bad.
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@mariner4life said in Judiciary Happenings:
you know, sometimes i wonder why you are even here
I am amazed that anyone can take this place so seriously. Makes me laugh.
TBF @Stargazer does post some interesting stuff (but lighten up dude).I will wait for the official announcement before commenting though, and hopefully this post is in the correct thread, or I will have to contact my lawyer to defend myself.
