Re: Choc bar drugs pair will appealOn Mon, 18 Dec 2006 01:59:07 +0000, Sharky <bill@microsoft,com > wrote:
>Alex Heney wrote:
>> On Mon, 18 Dec 2006 01:09:01 +0000, Sharky <bill@microsoft,com > wrote:
>>
>>> Alex Heney wrote:
>>>> On Sun, 17 Dec 2006 12:14:00 GMT, "mike carley"
>>>> <tess.stickles@privates.mi> wrote:
>>>> <snip>
>>>>
>>>>>> Was she profiting from this little venture?
>>>>> Does operating at a loss negate all other obligations?
>>>> No, but it is a major mitigating factor.
>>> Why should it be?
>>> If crack dealers hand out free samples they are temporarily operating at
>>> a loss. Will this help their case?
>>
>> Of course not.
>>
>> That is temporary, in order to increase profits. they are not
>> operating at a loss overall.
>>
>So, if in the spirit of Xmas charity and good will to my brother (the
>crack dealer) I decide to seed the local market with free samples of
>drugs as my present to him, do I get mitigation?
>
>1) I'm making a cash loss apart from brotherly love, he didn't ask me to
>do it.
>2) It seemed to be a useful service to crack-heads unaddressed by the
>NHS accredited prescribers, yet we all KNOW it was helping them.
>
>If the Cannabis Crunchie Crew get off, how can they do me?
>
First, they didn't. They were found guilty.
Second, quite easily, since the cases will be easily distinguishable.
>
>> And it should be a mitigating factor because the crime is *dealing* in
>> the prohibited drugs. If you are not making a profit (nor attempting
>> to make a profit) on them, then you are outside the normal definition
>> of "dealing", although still legally committing the crime.
>
>What IS the legal definition of dealing - is it 'cash for product' or is
>it just 'involved with'?
It is basically supplying others with the product.
--
Alex Heney, Global Villager
Well, to be Frank, I'd have to change my name.
To reply by email, my address is alexATheneyDOTplusDOTcom