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Aussies XXXXV


Stubby

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Yeah, I have my own traffic story to tell as well. A few weeks ago I got the first fine in my life (I've been driving for over half a dozen years now) from one of those automatic speed cameras. Now I do note the irony of being a school teacher and getting caught for speeding in a school zone. ;)

I was caught for going 10ks over the limit, doing 50 km/h at 3:58pm. The blasted school zone speed limit expires at 4:00pm. I complained to them - after all, what if my clock happened to be two minutes fast (which it probably was). But no, they have some draconian rule laid down that says they don't rescind any offences in school zones for any reason whatsoever. Apparently (at least in NSW) there is no way of appealing anything that happens in a school zone. Bah!
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[quote name='Jeor' post='1605706' date='Dec 2 2008, 03.57']Yeah, I have my own traffic story to tell as well. A few weeks ago I got the first fine in my life (I've been driving for over half a dozen years now) from one of those automatic speed cameras. Now I do note the irony of being a school teacher and getting caught for speeding in a school zone. ;)

I was caught for going 10ks over the limit, doing 50 km/h at 3:58pm. The blasted school zone speed limit expires at 4:00pm. I complained to them - after all, what if my clock happened to be two minutes fast (which it probably was). But no, they have some draconian rule laid down that says they don't rescind any offences in school zones for any reason whatsoever. Apparently (at least in NSW) there is no way of appealing anything that happens in a school zone. Bah![/quote]


Ah that is rubbish!
I get the importance of having strict rules regarding area's that have a high population of children. who simply can't grasp the car/road vs them never works, concept.

But that does my head in a bit.
obviously there needs to be a site where we can synchronise our watches and clocks with speed cameras.

I bet so many are done by that rule.
I wonder if something like car sat nav could help beat something like that.

Otherwise to be safe. blow the camera up.. I mean drive slow till a bit after 4. yes that's what I meant.
though some joker will beep and curse you and do a bit of bumper scraping.
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[quote name='Skyrazer' post='1575101' date='Nov 2 2008, 22.17']Yeah the health care service here is pretty fucked. The number of people who have basically dropped dead in hospitals from waiting far too long because the facilities are overburdened is atrocious for a first-world country. This really doesn't help. Yeah his kid has Down's syndrome which fails the requirements, but fuck hasn't the government thought of making exceptions due to obvious reasons?[/quote]

This has always been true:

In the 1960's I looked into going to Australia to teach...but my wife had been treated for a rare blood disease that was in remission...the Aussies told me they just could not take care of my wife's medical condition and turned me down for admission to the country!!!
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[quote name='Saurian' post='1605614' date='Dec 2 2008, 16.22']yes. Yes I did.
It did not do me any favours.

The answer is; your suppose to know the math before you get in the car.

touche and ouch.[/quote]
I am guessing that they are saying Zero tolerance?

They tried that shit with me and i said sorry but thats zero tolerance according to the standards required for the SPEEDO.
They didn't book me, i think more because they didn't want to go to court over it. The thing is there is a national standard for speedometers, that standard is +/- 10% thus you cannot be booked for doing a speed that is less than 10% over the limit. Please don't get me wrong they will try it, that still doesn't mean it will hold water in court regardless of if it is a Copper or a camera.

Federal laws and regulations take precedence over state laws. Check with Ser Stubby he is a lawyer.
I had a friend who had a broken pipe on him, I found it in the dirt and he was going to give it to the owner, unfortunately he got busted with it before he could do so. the cops tried very hard to get him on posession since there was remnants of dope in it. the case was thrown out because to be charged with posession you have to have sufficient quantity for the purpose of illicit use.
Now that is a federal ruling that is binding on the states.

also yes this is a very totaliterian state called Australia that we live in, any place where it is legal for authorities to enter your home and conduct a search without a warrant is totaliterian.
Federal police don't require warrants neither do most of the federal agencies.
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Just for the sake of accuracy I'm not a lawyer yet. ;)

My experience is in civil law but I've done a bit of crime at Uni this year. I don't know about NSW but in response to Jeor's question there is a valid defence under the WA Criminal Code. Basically, if you are mistaken about a state of 'things' as opposed to the state of 'the law' then you are only liable to the extent that you would be if your beleif as the state of things was correct. The school zone example is on point:

Regular speed zone = 70kph
School zone speed = 40kph
School zone ends at 4pm.
Clock in your car says 4.02 but police clock says 3.58
You are clocked at 78kph
Cops charge you with doing 38kph over speed limit
Defence is: It was after 4pm FFS!

WA Law says: Fair enough we'll let you off the 38kph charge but you are still done for 8kph over the limit.

As to the 'entrapment' issue - it doesn't matter if the cops are in plain sight or not. The only ways you are going to succesfully defend a speeding charge is to prove that the equipment used to determine your speed was faulty or improperly maintained or if the police did not operate it correctly.

Having said all that, long-time boarders here know that I have little sympathy for speeding offenders and little tolerance of speeding generally. This attitude comes from my job (involving personal injuries from motor vehicle accidents). I have a general view view that we are over-regulated here and that Australia in general is a nanny state, but road safety stuff brings out my inner lynch mob.
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Pity about the school zone business. Well, at least I was only going 10kphs over the limit, so I think I only lost 3 or 4 demerit points, so it's not as if my licence is in immediate danger of getting suspended or anything.

On another note...maybe I'm unpatriotic, but I haven't seen the film "Australia" yet. I went and saw Bond last night. I thought it was quite good overall, but the action sequences were all shakycam and I got annoyed each time it went to one of those.

"Australia" hasn't been doing too well globally, despite Oprah Winfrey's massive plug. ;) I hope it's not a complete embarrassment, though.
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[quote name='Jeor' post='1607059' date='Dec 3 2008, 13.08']On another note...maybe I'm unpatriotic, but I haven't seen the film "Australia" yet. I went and saw Bond last night. I thought it was quite good overall, but the action sequences were all shakycam and I got annoyed each time it went to one of those.

"Australia" hasn't been doing too well globally, despite Oprah Winfrey's massive plug. ;) I hope it's not a complete embarrassment, though.[/quote]

Put me in the 'unpatriotic' group as well - it sounds boring as batshit.
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I'd only see it if I were dragged along by an exceedingly attractive lady friend. ;)

I've never been a huge movie-goer anyway, and I just used up one movie with Bond. At my current rate of movie-watching that'll probably last me another 6 months. ;)
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[quote name='Ser Stubby' post='1607050' date='Dec 3 2008, 12.55']Just for the sake of accuracy I'm not a lawyer yet. ;)[/quote]

Hey Ser Stubby, I didn't realise you were a law student! Which uni you at? I'm a fourth year (soon to be fifth year) law/commerce student at UWA. Just completed my Honours in Accounting and Finance this year, but the way the market has gone I think I'm unlikely to get a decent banking job for a while. So law it is.
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[quote name='Paxter' post='1607292' date='Dec 3 2008, 21.05']Hey Ser Stubby, I didn't realise you were a law student! Which uni you at? I'm a fourth year (soon to be fifth year) law/commerce student at UWA. Just completed my Honours in Accounting and Finance this year, but the way the market has gone I think I'm unlikely to get a decent banking job for a while. So law it is.[/quote]

Murdoch.

So, did I summarise the s 24 defence ok?

And there is always work in law. ;)
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[quote name='Ser Stubby' post='1607396' date='Dec 4 2008, 00.40']Murdoch.

So, did I summarise the s 24 defence ok?

And there is always work in law. ;)[/quote]
Even if it is in re to repossesions :P


Shh_wulf what can I say, i liked what I saw of bishop on "Good News Week" but thats the only time she has impressed me. All to often her questions and comments in Question time are either totally off the topic or so bitchy as to take away any credence she may have recieved. Ocasionally very occasionally she will ask a good question and let the person answer it.
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I saw the movie the other night and I was just thinking what a decent movie it was until I realized there was still an hour left! I was like, "that was an okay movie....but what happened to the bombing and war scenes?" Then I saw the time on my cell phone...an hour left to go. The movie was like 2 movies put together. If they would have ended it at the "guy gets girl, kid gets family" point and then made a sequel to it as "Evil people steal child, guy leaves because he's an idiot, and woman has to clean up the mess", I might have found it more bearable. I saw it on the big screen so we could appreciate the scenic views and it ends up that there weren't many at all and I've seen better.

Oh and that concert someone was talking about earlier....the same guy played at Suncorp Stadium last night. Joke was on them, it bucketed down rain and had a thunderstorm in an uncovered stadium. I live close to there and we lost power.
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[quote name='Ser Stubby' post='1607396' date='Dec 3 2008, 23.10']Murdoch.

So, did I summarise the s 24 defence ok?[/quote]

Your summary of the mistake of fact defence was fine. :thumbsup:

I'm just in the process of choosing electives for my penultimate year. At the moment I'm not sure whether to go for employment law or unjust enrichment. Any thoughts?
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[quote name='Paxter' post='1608507' date='Dec 4 2008, 14.25']Your summary of the mistake of fact defence was fine. :thumbsup:

I'm just in the process of choosing electives for my penultimate year. At the moment I'm not sure whether to go for employment law or unjust enrichment. Any thoughts?[/quote]

Hard to say. I don't have much to do with either. Are there other options?
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