[blml] Psyches & deviations [SEC=UNOFFICIAL]

[Wayne Burrows]

On 14/01/07, richard.hills at immi.gov.au <richard.hills at immi.gov.au> wrote:
> Wayne Burrows:
>
> >>No Richard you miss my point.  My argument is that one instance of
> >>a 'psyche' is always insufficient to establish a concealed
> >>partnership agreement.
>
> [snip]
>
> Richard Hills:
>
> **Always** insufficient evidence?
>
> Benefit of Clergy (from Wikipedia):
>
> >In English law, the benefit of clergy was originally a provision by
> >which clergymen could claim that they were outside the jurisdiction
> >of the secular courts and be tried instead under canon law.
> >Eventually, the course of history transformed it into a mechanism
> >by which first-time offenders could receive a more lenient sentence
> >for some lesser crimes.
>
> [snip]
>
> >As a result of this leniency in the ecclesiastical courts, a number
> >of reforms were undertaken to combat the abuse of the benefit of
> >clergy. Henry VII decreed that non-clergymen should be allowed to
> >plea the benefit of clergy only once: those taking the benefit of
> >clergy, but not able to prove through documentation of their holy
> >orders that they actually were clergymen, were branded on the
> >thumb, and the brand disqualified them from pleading the benefit of
> >clergy in the future.
>
> [snip]
>
> Richard Hills:
>
> So Wayne's point seems to be that the Henry VII version of "Benefit
> of Clergy" should apply to one's first-time concealed partnership
> agreement; one can automatically have one's lying plea of "psyche"
> accepted, but one is then branded on the thumb, so thereafter for
> one's second-time and subsequent concealed partnership agreements
> one may be convicted (and then hung, drawn and quartered).
>

Exactly.  Well not quite.  There may be other suspicions and hence
further investigations.

Of course if one lies and thereafter is found out the accusation is no
longer CPU but deliberate cheating for which the penalty is much more
severe - hung, drawn and quartered - which would well as a deterent to
those that might lie.

Wayne