Incidentally something like the defence at the end has actually been used. In 2006, a Northern Irish terrorist called Michael Stone, only just out of prison, was charged with attempted murder after trying to force his way into the Stormont parliament building while armed with a gun and home-made explosives.
It seemed an open and shut case, but in court his defence was that, despite having all the ingredients of an act of terrorism, this wasn’t one at all, but a work of performance art—a mere simulation of an act of terrorism for aesthetic purposes.
As it happens, Stone was indeed quite a noted & talented artist, having taught himself to paint during his previous spell in prison.
Nonetheless judges ruled his testimony to be ‘wholly unbelievable’, and sentenced him to 16 years in jail.
Incidentally something like the defence at the end has actually been used. In 2006, a Northern Irish terrorist called Michael Stone, only just out of prison, was charged with attempted murder after trying to force his way into the Stormont parliament building while armed with a gun and home-made explosives.
It seemed an open and shut case, but in court his defence was that, despite having all the ingredients of an act of terrorism, this wasn’t one at all, but a work of performance art—a mere simulation of an act of terrorism for aesthetic purposes.
As it happens, Stone was indeed quite a noted & talented artist, having taught himself to paint during his previous spell in prison.
Nonetheless judges ruled his testimony to be ‘wholly unbelievable’, and sentenced him to 16 years in jail.
http://news.bbc.co.uk/1/hi/northern_ireland/6193169.stm