It’s not just crumbling courts, the 20% real cut to legal aid over the past 20 years and a collapsing criminal justice system that criminal barristers have had to endure. It’s this special brand of what might generously be termed “judicial humour”. I have the forced laughter lines to show for it.
Was Erskine better?
'[Erskine’s] friend, Mr. Maylem, of Ramsgate, having observed that his physician had ordered him not to bathe, "Oh, then," said Erskine, "you are Malum prohibitum." "My wife, however," resumed the other, “does bathe." "Worse still," rejoined Erskine, "for she is Malum in se."'
It's one way of saying "you're a silly little boy, grow up" without being excessively rude. Leaving the recipient in no doubt that he is indeed a silly little boy and growing up would be a very good idea.
I love listening to UK judgements. Swiftian turns of phrase would not seem out of place, and they're sometimes read as if the justice believes they may be remembered in a few hundred years solely for the dressing down of an accused. 👍
I agree in principle with the caveat, but in practice, when you are met with a head made largely of rock you have to take a hammer and chisel to it in order to leave an impression.
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'[Erskine’s] friend, Mr. Maylem, of Ramsgate, having observed that his physician had ordered him not to bathe, "Oh, then," said Erskine, "you are Malum prohibitum." "My wife, however," resumed the other, “does bathe." "Worse still," rejoined Erskine, "for she is Malum in se."'
Damn!
Sentencing somebody is a serious business, and not an appropriate occasion for snark.