Literacy is the ability to read and write. Literacy can be
understood to be -"particular ways of thinking about and doing reading and
writing" with the purpose of understanding or expressing thoughts or ideas
in written form in some specific context of use – then there is ‘legal literacy’ !?
“Ignorantia Juris Non Excusat” means that ignorance of the law is no excuse. This principle
places the responsibility on individuals to know and follow the law, regardless
of whether they were aware of the law or not. In other words, a person cannot
avoid persecution or liability by
claiming that they did not know the law.
For instance, a person caught travelling in a public transport without a ticket cannot claim ignorance of the
law as a defence and will be punished.
Miles away, in UK – read this interesting report in Mail Online - A magistrate who was caught speeding while
dashing to court has denied seeking to 'curry favour' when he brought up his JP
status while appearing in court for the offence.
Robert
Gonouya, 52, told fellow magistrates that he inadvertently broke the speed limit
while rushing to sit on the bench.The school governor has now been issued with
formal advice for misconduct after a panel found he had breached a 'declaration
and undertaking' magistrates sign upon appointment 'to inform their bench chair
of any involvement they have in impending court proceedings'.
The
Judicial Conduct Investigations Office (JCIO) added in a statement:
'Magistrates are also advised to avoid personal reference to their position as
a magistrate in circumstances where it could be perceived as an attempt to
influence or gain advantage.'The slap on the wrist means Mr Gonouya, of
Sutton-in-Ashfield, Nottinghamshire, can carry on dishing out fines, penalty
points and disqualifications to drivers who appear before him.
Mr
Gonouya was caught driving at 35mph in a 30mph zone on Rosemary Street in
Mansfield, just yards from the town's magistrates court where he has sat on the
Nottinghamshire bench since 2021.'I didn't know the camera was there', he said.
'It's not like I was doing 100mph – it could happen to anyone.'It's something
that was clearly unintentional.' He said of the December 2022 incident: 'It
happened at ten minutes to 2pm and I was on my way into court for the (2pm)
afternoon session.
The
JCIO statement said Mr Gonouya had apologised for not informing his bench chair
and explained that he intended to do so after the case had concluded.'In
recommending formal advice, the panel considered that Mr Gonouya had acted
naïvely but had learnt from his mistakes and was unlikely to repeat them.'
Nottinghamshire
magistrates hit Mr Gonouya, who is the General Secretary of the UK-based
Zimbabwe Diaspora Nation Building Initiative, with a £207 fine, £82 victim
surcharge, £90 costs and endorsed his licence with three penalty points.
Interesting
!
15.5.2024
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