Glossary entry

English term or phrase:

relegate his acts to history

English answer:

render his acts irrelevant

Added to glossary by Frank Szmulowicz, Ph. D.
May 29, 2020 19:03
3 yrs ago
48 viewers *
English term

relegate his acts to history

English Law/Patents Law (general)
D may claim that P’s act is an overwhelming supervening event and that any
assistance or encouragement that D may have given has been superseded.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...
Votes to reclassify question as PRO/non-PRO:

Non-PRO (1): Yvonne Gallagher

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Discussion

Frank Szmulowicz, Ph. D. (asker) May 29, 2020:
@Daryo: Thank you. Makes sense.
Daryo May 29, 2020:
Leaving the "dustbins of history" ... to the history of Marxism, and just looking at the text, I would see it simply as "these acts (what was done, not documents) are no longer part of the case, nothing more to be examined about these acts, they are now in the past."
Frank Szmulowicz, Ph. D. (asker) May 29, 2020:
@AllegroTrans: Thank you. I did not mean to be literal about the fate of the documents. Instead, I was wondering about the legal fate of the documents. If the record is to be expunged, for example, why all the poetry about relegation to history?
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.
AllegroTrans May 29, 2020:
Asker Your question as to what will happen to documents etc. is really outside the scope of this forum, which is a translation forum. But my understanding is that a nulle prosequi would be entered against a defendant in circumstances such as this. Whether the police and the CPS would destroy all the documents is, I think, an open question.

Responses

+2
1 day 21 hrs
Selected

render his acts irrelevant

The key point is that the source text must rendered so as to make sense in its context, i.e. a Crown Court judgment.

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.
Peer comment(s):

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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4 KudoZ points awarded for this answer. Comment: "Thank you, Mark. I appreciate you putting the answer in the legal context."
26 mins

consign his acts to oblivion

His acts will fade into history
Note from asker:
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?
Peer comment(s):

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
Something went wrong...
+2
24 mins

forget/shelve the whole thing and put it in the past

I would say it doesn't mean more than this

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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.
Note from asker:
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.
Peer comment(s):

agree AllegroTrans : can't see any other meaning; no further action will be taken
30 mins
thanks Chris
agree philgoddard : I agree that "shelved" covers all the bases. Daryo's quibbling about "forgotten" is just nitpicking.
2 hrs
thanks Phil
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
take your point Daryo and I think "shelved" covers all bases
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
see my reply to Daryo
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Reference comments

19 mins
Reference:

RELEGATION, civil law. Among the Romans relegation was a banishment to a certain place, and consequently was an interdiction of all places except the one designated.
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.
Note from asker:
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.
Peer comments on this reference comment:

neutral AllegroTrans : This is a different kind of relegation
51 mins
neutral Yvonne Gallagher : context?
7 hrs
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