No such thing as safe speeding?:-)

Discussion in 'Australian Motorcycles' started by Mot Adv, Nov 9, 2003.

  1. Mot Adv

    Mot Adv Guest

    Mot Adv, Nov 9, 2003
    #1
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  2. Mot Adv

    Lonewolf Guest

    Some sense finally!
     
    Lonewolf, Nov 10, 2003
    #2
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  3. Mot Adv

    Jorgen Guest

    Jorgen, Nov 10, 2003
    #3
  4. Mot Adv

    Deevo Guest

    Deevo, Nov 10, 2003
    #4
  5. Mot Adv

    andrewh Guest

    I wonder how he's going to get on now. Surely there will be some coppers
    detailed to watch his every move and book him if he sneezes... They're going
    to make his life miserable...
     
    andrewh, Nov 10, 2003
    #5
  6. Mot Adv

    spook Guest

    The interesting thing is that the article states that
    Quote
    "The interesting aspect of the necessity defence is that the onus is on the
    prosecution to rebut it,"
    End Quote
    Therefore, theoretically any photo fine contested under the "necessity
    defence", unless the prosecution can disprove it, should be waived.
    Should be interesting next time if this is used as a precedent.
    Cool
    JB
     
    spook, Nov 11, 2003
    #6
  7. spook said....

    sp> defence", unless the prosecution can disprove it, should be waived.
    sp> Should be interesting next time if this is used as a precedent.

    Decisions handed down in magistrates courts are not binding (ie: set as
    precedent). If it were a county court judgement, then yes.

    Expect either the government to change the law, to prevent this from
    occuring again, or that the magistrates have a chat from above.
     
    Martin Taylor, Nov 12, 2003
    #7
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