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Right punishment?

Miss Chicken

Little three legged cat with attitude
Admiral
Just read this article and i thought I would get people's opinion on the punishment.

A British grandmother has been heavily fined and electronically tagged for selling a goldfish to a child, triggering criticism of over-zealous use of animal protection laws.
Pet shop owner Joan Higgins, 66, was fined 1,000 pounds ($1,650) and given a dusk-to-dawn curfew for selling an animal to a person under the age of 16.
Her 47-year-old son Mark - also ordered to do community service - slammed the ruling as a farce.
The pair were prosecuted after the local council sent a 14-year-old boy to buy a goldfish in a "sting" operation following reports that their shop, Majors Pets, had sold a gerbil to a teenager with learning difficulties.
The shopkeepers sold the fish without asking his age or how the fish would be cared for, prosecutors said.


rest of story here



OK, she probably deserved the fine but what is the point of a curfew on the old lady?
 
Yet another case that illustrates the total abandonment of common sense.

Forget the punishment -- I can't believe it's actually illegal in the U.K. to sell a gerbil or a goldfish to a minor. A freakin' GOLDFISH, for Christ's sake. A goldfish isn't a pet -- it's a decoration.
 
OK, she probably deserved the fine but what is the point of a curfew on the old lady?

It's silly, but blame the government, not the magistrates.

The lady committed a single act offence under s4 of the Animal Welfare Act 2006, pursuant to s11. That carries with it a starting point sentence tariff of a Band C fine assuming no harm resulted, but she also has two aggravating factors of being in a position of special responsibility, and having done it for commericial gain. There are no mitigating factors. That pushes her into the higher part of the range for this offence. The range is a Band B fine, up to a medium level community order. She would have got community service instead, but since she cannot do it, she got the alternative community order... which is the curfew with tag.

It's silly in practice, but the magistrates didn't really have much room for manoeuvre given the confluence of factors. Sentencing guidelines can box them in.

I'm thinking about possibly becoming a magistrate at some point, so have been researching a bit about the job. So far, it's the sentencing guideline structure that might be too annoying for me to be happy doing it.
 
Don't do the crime if you can't do the time.

She's 66 years old. She probably sleeps through her entire curfew anyway.
 
How can selling goldfish to minors even be a crime? They are barely alive, they just swim around and forget things all day.
 
Just read this article and i thought I would get people's opinion on the punishment.

A British grandmother has been heavily fined and electronically tagged for selling a goldfish to a child, triggering criticism of over-zealous use of animal protection laws.
Pet shop owner Joan Higgins, 66, was fined 1,000 pounds ($1,650) and given a dusk-to-dawn curfew for selling an animal to a person under the age of 16.
Her 47-year-old son Mark - also ordered to do community service - slammed the ruling as a farce.
The pair were prosecuted after the local council sent a 14-year-old boy to buy a goldfish in a "sting" operation following reports that their shop, Majors Pets, had sold a gerbil to a teenager with learning difficulties.
The shopkeepers sold the fish without asking his age or how the fish would be cared for, prosecutors said.
rest of story here



OK, she probably deserved the fine but what is the point of a curfew on the old lady?

Western society gets more and more dumberer every day.

MissChicken, what's your logic that supports the woman receiving a fine? :wtf: 30 years ago, we youth (in the US at least) had no issues with buying fish or other pets at a petstore; although many store operators would, depending on the age of the minor, either complete the sale or else tell the minor to come back with a parent.

Government needs to spend less (actually zero) time on these alleged crimes.
 
It's silly in practice, but the magistrates didn't really have much room for manoeuvre given the confluence of factors. Sentencing guidelines can box them in.

It was still their call to create a 'sting' situation.

Total loss of common sense. What if she had asked the kid how he was going to treat the silly fish and he told her he was going to use it to feed another animal. Would that be against the law as long as the kid was over 16?

Jan
 
Don't they still have the "win a goldfish" games at carnivals? They pass out goldfish in plastic bags full of water to anyone who can toss a nickel in the target.

Yes, the pet stores shouldn't sell animals to minors, but really---shouldn't the STORE get fined and not the 66 year old lady who just sent a kid on an errand?
 
Don't they still have the "win a goldfish" games at carnivals? They pass out goldfish in plastic bags full of water to anyone who can toss a nickel in the target.

Yes, the pet stores shouldn't sell animals to minors, but really---shouldn't the STORE get fined and not the 66 year old lady who just sent a kid on an errand?

"kid on an errand"? Did you read the same article as us?
 
Just read this article and i thought I would get people's opinion on the punishment.

A British grandmother has been heavily fined and electronically tagged for selling a goldfish to a child, triggering criticism of over-zealous use of animal protection laws.
Pet shop owner Joan Higgins, 66, was fined 1,000 pounds ($1,650) and given a dusk-to-dawn curfew for selling an animal to a person under the age of 16.
Her 47-year-old son Mark - also ordered to do community service - slammed the ruling as a farce.
The pair were prosecuted after the local council sent a 14-year-old boy to buy a goldfish in a "sting" operation following reports that their shop, Majors Pets, had sold a gerbil to a teenager with learning difficulties.
The shopkeepers sold the fish without asking his age or how the fish would be cared for, prosecutors said.
rest of story here



OK, she probably deserved the fine but what is the point of a curfew on the old lady?

Western society gets more and more dumberer every day.

MissChicken, what's your logic that supports the woman receiving a fine? :wtf: 30 years ago, we youth (in the US at least) had no issues with buying fish or other pets at a petstore; although many store operators would, depending on the age of the minor, either complete the sale or else tell the minor to come back with a parent.

Government needs to spend less (actually zero) time on these alleged crimes.

My logic is that she knew the regulation against selling pets to children under the age of 16 and she broke that regulation on purpose.

The law in itself isn't a bad law because I think that it would be wrong to sell a kitten, dog, parrot etc to a child without their parent's permission. Maybe there is very little harm in selling a goldfish to a child but I realise you cannot have separate law for every single species that a petshop might sell.

I do not think that the council should just ignore reports that regulations have been broken. Most businesses have a wealth of regulations concerning what the business can and cannot do and yes some of those regulations might seem silly to people but I think most of the time there is some logic behind the regulations.
 
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