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Chat about all aspects of snowsports, backcountry, climbing and mountaineering.
David Goldsmith
Posts: 1009
Joined: Feb 2003
Last Visited: 23:58 19th Jun 2013
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Re: Should a man be free to walk naked through the Scottish Highlands in winter?
Date Posted: 11.16hrs on Thu 29 Mar 12
daveski Wrote:
He broke the law - paid the penalty, broke the law again paid a higher penalty, broke the law again and on it goes - dont see the problem here. Also dont see many folks taken up the fight to re-peal the law. HE IS IN THE WRONG, it is his actions that are causing the waste of tax payers money.
Well that, surely, is ridiculous ... since he's hardly in a position to reimburse "the tax payers money". On prison wages (not sure what naked men manufacture on the premises - clothes?) ... we may find ourselves out of ... err ... pocket(s).
The crux of Stephen Gough's article seems to be this ...
"In Scotland, breach of the peace is partly defined as "conduct which does, or could, cause the lieges [public] to be placed in a state of fear, alarm or annoyance". The prosecution has very rarely managed to rustle up witnesses to claim Gough's nakedness has had any of these effects on them. What is keeping him in prison is simply the theoretical idea that it could."
So, this man is indefinitely imprisoned for a 'hypothetical threat'?
Maybe the lawmakers (politicians) should urgently reform the law, so that a successful appeal can take place.
Edited 1 times. Last edit at 11.17hrs Thu 29 Mar 12 by David Goldsmith.
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h11lly
Posts: 1877
Joined: Dec 2002
Last Visited: 23:50 19th Jun 2013
 
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Re: Should a man be free to walk naked through the Scottish Highlands in winter?
Date Posted: 11.45hrs on Thu 29 Mar 12
He's never naked anyway because he's always carrying a huge rucksack! Seems to me the simple considerate solution to all this would be for him to hook a hanky over his hip belt when he's walking near a busy road..... as he obviously doesn't mind his back and shoulders being covered up all the time! That's the line of reasoning I'd have taken with him.... no doubt it wouldn't have worked though... too obvious
Helen
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telemarker
Posts: 2685
Joined: Oct 2003
Last Visited: 16:50 18th Jun 2013
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Re: Should a man be free to walk naked through the Scottish Highlands in winter?
Date Posted: 12.21hrs on Thu 29 Mar 12
or he could wear a mankini!
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daveski
Posts: 1325
Joined: Jan 2008
Last Visited: 23:30 19th Jun 2013
 
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Re: Should a man be free to walk naked through the Scottish Highlands in winter?
Date Posted: 17.41hrs on Thu 29 Mar 12
David Goldsmith Wrote:
daveski Wrote:
He broke the law - paid the penalty, broke the law again paid a higher penalty, broke the law again and on it goes - dont see the problem here. Also dont see many folks taken up the fight to re-peal the law. HE IS IN THE WRONG, it is his actions that are causing the waste of tax payers money.
Well that, surely, is ridiculous ... since he's hardly in a position to reimburse "the tax payers money". On prison wages (not sure what naked men manufacture on the premises - clothes?) ... we may find ourselves out of ... err ... pocket(s).
The crux of Stephen Gough's article seems to be this ...
"In Scotland, breach of the peace is partly defined as "conduct which does, or could, cause the lieges to be placed in a state of fear, alarm or annoyance". The prosecution has very rarely managed to rustle up witnesses to claim Gough's nakedness has had any of these effects on them. What is keeping him in prison is simply the theoretical idea that it could."
So, this man is indefinitely imprisoned for a 'hypothetical threat'?
Maybe the lawmakers (politicians) should urgently reform the law, so that a successful appeal can take place.
Edited 1 times. Last edit at 11.17hrs Thu 29 Mar 12 by David Goldsmith.
obviously enough evidence to find him guilty on multiple occasions
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Hipennine
Posts: 876
Joined: Dec 2005
Last Visited: 17:37 19th Jun 2013
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Re: Should a man be free to walk naked through the Scottish Highlands in winter?
Date Posted: 12.43hrs on Fri 30 Mar 12
daveski Wrote:
He broke the law - paid the penalty, broke the law again paid a higher penalty, broke the law again and on it goes - dont see the problem here. Also dont see many folks taken up the fight to re-peal the law. HE IS IN THE WRONG, it is his actions that are causing the waste of tax payers money.
That's as may be, but there is also the question of law enforcement priorities. Round here, apart from speed cameras on straight stretches of road, there's no attempt at any road traffic enforcement unless there's a serious accident. Serious reported to police anti-social behaviour incidents may get attendance if you are lucky. Offenders get let off with "a talking to" or caution. Meanwhile, the resources are found to catch, prosecute and jail some loony that wants to walk naked cross-country causing no real harm to anybody.
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DaveA
Posts: 180
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Last Visited: 00:31 20th Jun 2013
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Re: Should a man be free to walk naked through the Scottish Highlands in winter?
Date Posted: 13.46hrs on Mon 2 Apr 12
there is such a thing as the rule of law and it is essential to a functioning society, it doesn't matter if the law is stupid, pointless, or unfair, if people can just act contrary to the law, everything falls apart. i don't harm anyone by doing 85mph on the A1, but if i got caught, i'd get fined or prosecuted, and if i kept doing it i'd get a ban, and then eventually jailed. for longer and longer. they aren't going to change the law because each time i never hurt anyone, and this guy needs to realise he IS in the wrong and play by the rules like everyone else.
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David Goldsmith
Posts: 1009
Joined: Feb 2003
Last Visited: 23:58 19th Jun 2013
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Re: Should a man be free to walk naked through the Scottish Highlands in winter?
Date Posted: 15.30hrs on Mon 2 Apr 12
"I don't harm anyone by doing 85mph on the A1"
Yeah, right.
"this guy needs to realise he IS in the wrong"
The article suggests that he realises exactly that. He's been locked up repeatedly, and he's clearly not stupid. He simply feels compelled to be naked.
Which seems a lot less harmful than exceeding the speed limit in a ton of steel, radically increasing the braking distance of the vehicle.
------
Stopping distance @ 70mph = 234ft
Stopping distance @ 85mph = 345ft
i.e. approximately 50% further
Source: [ forensicdynamics.com]
Edited 1 times. Last edit at 15.36hrs Mon 2 Apr 12 by David Goldsmith.
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daveski
Posts: 1325
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Last Visited: 23:30 19th Jun 2013
 
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Re: Should a man be free to walk naked through the Scottish Highlands in winter?
Date Posted: 21.58hrs on Mon 2 Apr 12
DaveA Wrote:
there is such a thing as the rule of law and it is essential to a functioning society, it doesn't matter if the law is stupid, pointless, or unfair, if people can just act contrary to the law, everything falls apart. i don't harm anyone by doing 85mph on the A1, but if i got caught, i'd get fined or prosecuted, and if i kept doing it i'd get a ban, and then eventually jailed. for longer and longer. they aren't going to change the law because each time i never hurt anyone, and this guy needs to realise he IS in the wrong and play by the rules like everyone else.
I get what you are saying and agree with you
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alan
Posts: 8956
Joined: Nov 1994
Last Visited: 00:58 20th Jun 2013
 
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Re: Should a man be free to walk naked through the Scottish Highlands in winter?
Date Posted: 23.17hrs on Mon 2 Apr 12
Release him tonight, he might feel the urge to put some clothes on!
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DaveA
Posts: 180
Joined: Feb 2009
Last Visited: 00:31 20th Jun 2013
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Re: Should a man be free to walk naked through the Scottish Highlands in winter?
Date Posted: 13.31hrs on Tue 3 Apr 12
David Goldsmith Wrote:
"I don't harm anyone by doing 85mph on the A1"
Yeah, right.
"this guy needs to realise he IS in the wrong"
The article suggests that he realises exactly that. He's been locked up repeatedly, and he's clearly not stupid. He simply feels compelled to be naked.
Which seems a lot less harmful than exceeding the speed limit in a ton of steel, radically increasing the braking distance of the vehicle.
------
Stopping distance @ 70mph = 234ft
Stopping distance @ 85mph = 345ft
i.e. approximately 50% further
Source:
Edited 1 times. Last edit at 15.36hrs Mon 2 Apr 12 by David Goldsmith.
the point i was making was neither of these things is necessarily in itself harmful, but there are reasons why they are banned because of the possible consequences. driving at speed is not harmful, crashing into stuff is., and its not the fact that he's got his wang hanging out, it's the effect of it on other people. so in a way, we agree, although i'm not sure you are going to agree with that.
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David Goldsmith
Posts: 1009
Joined: Feb 2003
Last Visited: 23:58 19th Jun 2013
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Re: Should a man be free to walk naked through the Scottish Highlands in winter?
Date Posted: 15.03hrs on Tue 3 Apr 12
Well, actually, I do agree with that. Yes - it's all about consequences. But the law seems to feel that it's about hypothetical consequences. A huge difference, when nothing has to be proven.
What are the consequences of a man walking naked?
When I worked on Cairngorm (1974-6), a fellow instructor streaked the full length of the White Lady. The consequences were popular amusement, entertainment ... a celebration of freedom?
He wasn't arrested ... 35+ years ago.
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DaveA
Posts: 180
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Last Visited: 00:31 20th Jun 2013
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Re: Should a man be free to walk naked through the Scottish Highlands in winter?
Date Posted: 14.16hrs on Wed 4 Apr 12
fair doos! i just don't see why he can't just put on some pants
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David Goldsmith
Posts: 1009
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Last Visited: 23:58 19th Jun 2013
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Re: Should a man be free to walk naked through the Scottish Highlands in winter?
Date Posted: 14.35hrs on Wed 4 Apr 12
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David Goldsmith
Posts: 1009
Joined: Feb 2003
Last Visited: 23:58 19th Jun 2013
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Re: Should a man be free to walk naked through the Scottish Highlands in winter?
Date Posted: 14.40hrs on Wed 4 Apr 12
An alternative response from the authorities
Invented in London. We'd be happy to export this idea to Scotland!
Edited 2 times. Last edit at 14.47hrs Wed 4 Apr 12 by David Goldsmith.
Attachments:
Streaker.jpg (41kB)
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DaveE
Posts: 481
Joined: Jan 2007
Last Visited: 18:37 6th May 2013
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Re: Should a man be free to walk naked through the Scottish Highlands in winter?
Date Posted: 02.23hrs on Fri 6 Apr 12
In principle i don't know if i do have a problem with anyone walking about naked. Not sure why it should be a crime. So my answer is yes to this question.
I do however think that this guy is a bit of an attention seeker otherwise why would do it in winter when it must surely feel far from natural freezing your bollocks off. A nice warm summers day then fair enough i say.
I don't think he should not be allowed to be naked in public just incase he turns out to be a pervert. That's unjust and very nanny state.
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