Glossary entry (derived from question below)
English term or phrase:
relegate his acts to history
English answer:
render his acts irrelevant
English term
relegate his acts to history
assistance or encouragement that D may have given has been superseded. The
Supreme Court recognised this in Jogee at para [97]-[98]
The qualification to this (recognised in Wesley Smith, Anderson and Morris and
Reid) is that it is possible for death to be caused by some overwhelming
supervening act by the perpetrator which nobody in the defendant’s shoes could
have contemplated might happen and is of such a character as to relegate his
acts to history; in that case the defendant will bear no criminal responsibility for
the death.
https://www.judiciary.uk/wp-content/uploads/2016/06/Crown-Co...
Non-PRO (1): Yvonne Gallagher
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Responses
render his acts irrelevant
The Crown Court is a court of criminal jurisdiction and the court of first instance for indictable (serious) criminal offences (felonies in US) in England and Wales.
The judgment concerns the circumstances in which a person charged jointly with the primary defendant, with a murder/manslaughter, as part of a joint enterprise, is not guilty because the primary defendant's murder/manslaughter was wholly unforeseeable by the co-defendant, i.e. there was no joint enterprise. For joint enterprise to exist the defendant must knowingly assist or encourage the crime and agree to act together with the primary offender for a common purpose.
The source text therefore means that the the co-defendant's acts, whatever they were, are irrelevant and can be disregarded, because they were not part of a joint enterprise to commit the murder/manslaughter and that the co-defendant is therefore not guilty of the primary offence.
agree |
AllegroTrans
: Good explanation
5 hrs
|
agree |
mike23
: I think that's it. We need to see it in the right context
1 day 14 hrs
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consign his acts to oblivion
I am sure this is what will happen; however, I wonder how this would happen in the legal sense. Will the documents be purged, filed somewhere, or what? |
neutral |
Daryo
: not quite - it simply means that these acts "no longer examined" // court cases don't go in "oblivion" and even if someone wasn't prosecuted or condamned, the records about that are certainly NOT "consigned to oblivion".
3 hrs
|
forget/shelve the whole thing and put it in the past
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Note added at 29 mins (2020-05-29 19:33:13 GMT)
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my ref. is pretty irrelevant and I'm still wondering what (if any) other meaning might be implied...
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Note added at 36 mins (2020-05-29 19:39:40 GMT)
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and I have read your ref.
This is the common meaning of the phrase - consign to the dustbin of history - as famously said by Leon Trotsky. I wonder what the Supreme Court may have had in mind. |
agree |
AllegroTrans
: can't see any other meaning; no further action will be taken
30 mins
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thanks Chris
|
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agree |
philgoddard
: I agree that "shelved" covers all the bases. Daryo's quibbling about "forgotten" is just nitpicking.
2 hrs
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thanks Phil
|
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neutral |
Daryo
: I don't think that ANYTHING related to court cases is simply "forgotten" - it will be RECORDED that "no further action was tasken" and why ...
3 hrs
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take your point Daryo and I think "shelved" covers all bases
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neutral |
Yvonne Gallagher
: with Daryo's comment//Consign (it) to the past with no further action to be taken. "shelve" is not right register at all and "forget" is wrong
7 hrs
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see my reply to Daryo
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Reference comments
2. It differed from deportation. (q.v.) Relegation and deportation agree u these particulars: 1. Neither could be in a Roman city or province. 2. Neither caused the party punished to lose his liberty. Inst. 1,16, 2; Digest, 48, 22, 4; Code, 9, 47,26.
3. Relegation and deportation differed in this. 1. Because deportation deprived of the right of citizenship, which was preserved notwithstanding the relegation. 2. Because deportation was always perpetual, and relegation was generally for a limited time. 3. Because deportation was always attended with confiscation of property, although not mentioned in the sentence; while a loss of property was not a consequence of relegation unless it was perpetual, or made a part of the sentence. Inst. 1, 12, 1 & 2; Dig. 48, 20, 7, 5; Id. 48, 22, 1 to 7; Code, 9, 47, 8.
Thank you, David. Here, it is the act that is being relegated. While the sense seems clear, I was aiming at legal precision, if possible. |
neutral |
AllegroTrans
: This is a different kind of relegation
51 mins
|
neutral |
Yvonne Gallagher
: context?
7 hrs
|
Discussion
As an active participant in the English-Polish and English-Russian language pairs, I can attest that we are often called upon to provide technical expertise that goes beyond our linguistic skills.