Cape York man’s conviction overturned after court finds magistrate made ‘inappropriate’ remarks

Comments

• Cypher@aussie.zone ⁨1⁩ ⁨week⁩ ago

  This whole case is weird.

  The appeals court also found the magistrate made an error of law by finding the offence occurred “at night”, which is considered an aggravating factor in the offence. The offence occurred at 8.35pm. Under the statutory definition used in such cases, “night” begins at 9pm.

  So an aggravated… non-offence? As the police weren’t exercising an actual power or acting on a reasonable suspicion when they decided to stop the vehicle.

  These clowns should be sacked, especially the Magistrate.

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• FreedomAdvocate@lemmy.net.au ⁨6⁩ ⁨days⁩ ago

  The police attempted to stop the vehicle by activating their lights and sirens. The vehicle did not stop.

  The officers contacted other police officers in Aurukun, who set up a tyre deflation device about 5km from the community. A vehicle drove across the tyre deflation device and continued for about 2km, where it was abandoned. There was no sign of the driver.

  So he’s guilty as fuck, but the courts overturned his conviction and are letting him walk. Unfortunately this seems typical of our judicial system.

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  • Zagorath@aussie.zone ⁨6⁩ ⁨days⁩ ago

    So you just ignored this part?

    he usually left the keys on the wall of his home and that the car was accessible to more than 20 extended family members.

    And the fact that the magistrate was displaying very obvious bias and behaving illegally by preventing the justice process from playing out properly? And that the police failed to adequately explain his rights, and charged him on the basis that he had not exercised them correctly?

    The evidence was exceptionally weak, and justice clearly was not done in the first instance.

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    • FreedomAdvocate@lemmy.net.au ⁨6⁩ ⁨days⁩ ago

      No I didn’t. In Australia the registered owner of the car is legally responsible and assumed to be driving the car unless they nominate the person who was.

      The evidence was exceptionally weak

      How is a car running from police, getting its wheels blown out, continuing to run for another few kilometres, and then being abandoned “exceptionally weak”? The police had his car. If he can’t name who was driving it, he is responsible. That’s literally the law.

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