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December 16, 2009

David Cheifetz

But Was Her Majesty Alarmed?

From today's news of import (:-P)

Noisy British lover admits anti-social sex

LONDON (AFP) – A British woman admitted Tuesday breaching an anti-social behaviour order by having noisy sex.

Caroline Cartwright was served with a civil order over marathon romps with husband Steve, described in court as "unnatural" and "like they are both in considerable pain."

…

And on Tuesday Cartwright pleaded guilty at Newcastle Crown Court to violating the order three times in April.

We must not, of course, conclude from this that the Caroline and Steve had sex only 3 times in April.

For those who must know, but don't, the significance of the title to this piece is that it is a crime in Canada (and I assume the U.K.) to "alarm" Her Majesty. The Canadian section says nothing about Her Corgis, or horses.

Criminal Code, s. 49

Acts intended to alarm Her Majesty or break public peace
49. Every one who wilfully, in the presence of Her Majesty,
(a) does an act with intent to alarm Her Majesty or to break the public peace, or
(b) does an act that is intended or is likely to cause bodily harm to Her Majesty,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 49.

You wouldn't make this stuff up … unless you were writing for Monty Python.

David Cheifetz is a full-time litigator, primarily in commercial insurance areas usually on behalf of an insurer in one way or another; an occasional author on legal topics usually of some relevance to litigator-practitioners and judges, even if they're slow to realize it; a long-time refugee from legal and moral jurisprudence and the "is-ought" dilemma; and, a once-upon-a-time amateur hockey goalie with an odd pedigree. You can find him at Smockum Zarnett Percival LLP - dcheifetz at szplaw.com
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3 Comments on “But Was Her Majesty Alarmed?”

  1. Angela Swan says:
    December 17, 2009 at 4:37 pm

    A woman was evicted in Ontario for making so much noise that she disturbed her fellow tenants. A recording of the noise she made was played in court and easily convinced the judge that no one should have to listen to noise like that.

  2. John Gregory says:
    December 17, 2009 at 8:59 pm

    "quiet enjoyment" – it's in the lease.

  3. David Cheifetz says:
    December 18, 2009 at 12:00 am

    Some tenants enjoyed the quiet. The others enjoyed in quiet, or not.

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