NSW Supreme
Court tries to cover-up the significant errors in MONIS V THE QUEEN HCA 2013
S474.17 has
been modified and misapplied in the Courts
due to the erroneous High Court case of Monis V the Queen HCA 2013 which
resulted in a seize where 3 people were killed including Monis himself.
Monis V the
Queen was split in the High Court on the
validity of S471.12 Criminal Code Act 1995.
6 Justices
of the High Court ALL FAILED to identify that the statute had been modified and was missing it's first line. This demonstrates the
complete failure of these 6 Justices.
Susan Kiefel
who is now the Chief Justice of the High Court found S471.12 to be valid against the constitution regardless that the
statute had been modified and was incomplete………..This demonstrates that this
Justice is nothing but incompetent!!!!!!!!!!
The matter on validity has now gone back to the High Court and the following is the application for
special leave.
IN THE HIGH COURT OF AUSTRALIA
Sydney REGISTRY No. S24 of 2017__
BETWEEN: Fiona
Stewart Brown
Applicant
And
Commonwealth
Director of Public Prosecution
First Respondent
District Court of New South Wales
Second Respondent
APPLICATION FOR SPECIAL LEAVE TO APPEAL
The applicant applies for special leave or special leave to appeal from whole of the judgment of the NSW Supreme Court
given on 5th December 2016
Part I:
Proposed
Grounds
1 The Supreme Court
erred there was no Judicial error in the Judgment because all dicta is binding precedent in the High Court on the split decision
of [Monis V the Queen] HCA 2013 and all lower Courts must follow.
2 The statute of
S471.12 set out in [R V Monis] NSW CCA 2011 at [3] and [Monis V the
Queen]HCA 2013 at [5] and [252] is not
the legislation as set out in the Criminal Code Act 1995
3 [Monis V the
Queen] HCA 2013 and [R V Monis] NSW CCA 2011 are not binding precedents for the
statutes of S474.17 and S471.12 Criminal code
1995 because the legislation as
applied in Monis by 10 Judges from the District Court through to the High Court was not the
statute as set out in the Criminal
Code Act 1995.
4 The Justices of the NSW Supreme Court failed to identify that in order for a precedent to be binding the material facts must be the same or
similar.
5…The Constitution does not give the power to a Judge or
Court to modify a Criminal
statute before applying it to basic statutory interpretation technique.
6 The High Court
case of [Monis V the Queen] was split in the High Court. There was no agreement
of the majority and therefore no ratio decidendi. Under S23 Judicial Act 1903 decision
of the lower Court stands. In the
case of Original Jurisdiction of the High Court the decision of Justice French
stands.
7 The construction
of “offensive” as applied in the NSW CCA [R V Monis] 2011 fails a criminal
standard for the purpose of S474.17 or S471.12 criminal Code Act and has been
construed according to a “Public Order
Offence”.
8 The three Justices
of the NSW Supreme Court
fabricated that Justice French, Chief Justice of the High Court supported
the construction of “offensive” for the purpose of S471.12 according to the NSW CCA [ R V Monis] 2011.
9 Hulme and Barrett
of the NSW Supreme Court also fabricated that Justice Hayne of the High
Court of Australia also supported the construction of “offensive” for the
purpose of S471.12 according to [R V
Monis] NSW 2011.
10.. The first
Constitutional question in [R V Monis] CCA 2011 is whether S471.12 is… “reasonably
appropriate and adapted to serve a
legitimate end compatible with maintenance of the system of government prescribed by the
Constitution” This should be answered in the negative. The High Court has defined this test in
[McCloy V NSW] 2015 HCA at [2]. The
modified statute of S471.12 as applied
in Monis fails all the required tests.
11 The NSW Supreme Court
erred that the submissions of the
Commonwealth and Victorian Attorney General to
the High Court [Monis V the Queen]HCA 2013 on the elements of the
offence are a “binding precedent “ and all lower Courts must follow.
12.. The submissions of the Victorian and Commonwealth
Attorney Generals of the elements of the
offence of S471.12 in their application
breach the General Principals of Criminal responsibility which apply to all
Commonwealth offences.
13 The NSW Supreme
Court erred that the first line of the statute of S474.17 and S471.12 Criminal Code Act 1995 is a “title” and does not form part of the
statute. There are no grounds to support this and demonstrates another
fabrication of NSW Supreme Court
Justices trying to protect significant failures by senior Judges.
14 .. Every Court
failed to identify S474.17 and S471.12 contains a subjective and
objective test.
15 All Courts failed
to identify the physical elements of the offence of S474.17 due to the
fundamental error of considering the submissions to the High
Court of the Victorian &
Commonwealth Attorney General form a binding precedent.
16 The Magistrate
of the Local Court failed to direct the Crown to discharge its onus of proof of the fault
element of ‘Recklessness’ which is attached to the second physical element of
the offence
17 The Magistrate and Judges all erred that
S474.17 and S471.12 could be treated the
same because of the identical wording. Parliament broadened the definition of
‘Carriage service’ in 2004 to include the
internet so therefore S474.17 is subject
to the Publication Film & computer Games Act and the Australian
Broadcasting Act where S471.12 is not.
18 The NSW Supreme Court erred on the Classification standards of S473.4 which apply to online content and are subject to schedule
7 Australian Broadcasting Act 1992.
19 The Justices of
the Supreme Court failed to identify the
4 categories of the Publication Film and Computer Games Act 1995 are Unrestricted, Restricted 1,
Restricted 2 and RC or Refused Classification
or ‘Offensive’.
20 The Magistrate, Judge or the NSW Supreme
Court all failed to identify the relevant purpose of S473.4 because they failed to identify parliament no longer defines a ‘Carriage and Postal’ service equally.
21.. The first error of the Judge
in the District Court in the Appeal was she failed to identify S474.17 as it is
set out in the Criminal Code Act and applied
the modified legislation. A Judge does not have the power to modify a
Criminal statute and is not bound by these significant
errors in Monis to do so [R V Fiona Stewart Brown]DC 2015 at 14.
22.. The NSW
Supreme Court Justices erred that
the first line of the statute of s474.17 is the ‘title’ of the legislation and
does not form part the offence and
therefore is irrelevant. This flies in the face of Acts interpretation Act S12
and breaches statutory construction
techniques in general. This is a significant error by Supreme Court Justices who are clearly attempting to protect serious
Judicial errors in many Courts by many Judges.S471.12 and S474.17
contain 2 tests on is subjective and one is objective.
23 The Justices of the NSW Supreme Court erred there was a majority
in the High Court [Monis V the Queen] HCA 2013 which
supported the
construction of ‘Offensive’ according to the NSW CCA in Monis as “calculated or
likely to arouse significant anger
resentment outrage or disgust in the
mind of a reasonable person in all circumstances” This is complete fiction and
demonstrates that these Justices of the
NSW Supreme will go to extraordinary
lengths to protect significant and
fundamental Judicial errors.
24 No Judge is bound by a higher Courts decision if it can be shown
to be fundamentally OR plainly wrong. In a joint decision Gleeson, Gummrow
Callinan Heydon and Crennan [Farah V Say
Dee] 2007 HCA [135] “intermediate appellate courts and trial Judges in
Australia should not depart from
decisions in Commonwealth legislation or uniform National legislation unless
they are convinced the interpretation is
plainly wrong” The NSW Supreme Court
were told many times of the errors in
Monis
25 If Monis is shown to be fundamentally wrong then the judgment of [R V PM] ACT
SC 2009 is the binding precedent for
S474.17 Criminal Code Act 1995.
Orders
Sought
Any order that compliance
with the time limit for filing be extended
That the conviction be quashed or
That the matter be
sent back to the local Court and re-tried according to the correct context of
S474.17 Criminal Code Act and in compliance
with the General Principals of Criminal Responsibility which apply to
all Commonwealth Offences.
That all costs be paid.
Part II:
Special
Leave questions said to arise.
Constitutional Law
1 Whether the
modified S474.17 Criminal Code[R V Fiona
Stewart Brown] 2015 DC[R V Monis] NSW CCA 2011 [Monis V the Queen]HCA 2013 is
reasonably appropriate and adapted to serve a legitimate end compatible with the maintenance of system of government
prescribed by the Constitution according to the relevant tests in [McCloy V
NSW] HCA 2015 which supersedes Lange
2 Does the
Commonwealth Constitution give the
power to a Magistrate or a Judge
to modify a Criminal statute before
interpreting or constructing it according to Criminal Law?
3 Does the Commonwealth Constitution give the
Power to the Chief Justice of NSW, Justice Bathurst, to modify s471.12 [R V Monis] before applying basic statutory construction or
interpretation to the legislation?
4 Does the Commonwealth Constitution give the
Chief Justice of NSW the power to
dispense of a criminal standard for the purpose of S471.12 [R V Monis] NSW
CCA 2011
STATUTORY INTERPRETATION
. Original Jurisdiction
of High Court
5 What is the
correct text of S474.17 or S471.12 Criminal Code Act 1995?
6 What is the
statutory construction of S474.17
Criminal Code Act 1995?
7 What are the
physical elements which create the offence of S474.17 Criminal Code Act 1995?
8 What physical element of the offence of S474.17 Criminal Code Act does the fault element of Recklessness apply?
9 What is the Criminal standard of ‘Offence’ which must be
caused for the purpose of S471.12 or S474.17 Criminal Code?
10 What is the classification of “offensive” for the purpose of S473.4?
11 What is the
Statutory interpretation of S23 Judicial Act
to be applied for Monis or the
Original Jurisdiction of the High Court in
respect to a 3-3 split?
Other Significant
questions
12 Did the Chief
Justice of the High Court Justice French support the construction of
‘Offensive’ according to the NSW CCA[R V Monis] 2011?
13 Did Justice Hayne
of the High Court support the construction of ‘Offensive’ according to Justice
Bathurst in [R V Monis] NSW CCA 2011?
14 Does a 3-3 split
in the High Court form a binding precedent?
15 When is a
higher court not considered a binding precedent?
16 What constitutes a binding Precedent?
17 What is a
persuasive precedent?
18 The High Court
Judgment of [Monis V the Queen] HCA is binding in no Court because it was
split. The NSW CCA[R V Monis] is shown to be plainly wrong. What is the binding
precedent for S474.17 Criminal Code Act?
19 As the original
Jurisdiction of the High Court under the
Constitution this falls to the High
Court to correct this uncertainty.
Part III:
Why
Leave should be granted.
It is not in the
interest of Justice for the High Court to
continue to allow Magistrates and Judges to misapply the application of Criminal law according to S471.12 and S474.17 Criminal
Code Act 1995.. It is therefore necessary for the High Court to give guidance so this practice ends and gives certainty in
the statute so the rule of law does not
vary.
The High Court Judgment of [Monis V the Queen] 2013 was
split in the High Court 3Three High Court Justices found it valid and three
High Court Justices found it invalid. No
Justice was able to identify what the real error was. The statute [R V Monis]
DC 2011 at [3] [R V Monis] NSW CCA at [3] and [Monis V the Queen] HCA 2013 at
[5] is not the statute of S471.12 as set out in the Criminal Code Act 1995 at
all. The legislation has been modified and not the legislation which was passed
by Parliament. A court or a Judge does not have the power to modify Criminal legislation under the
Commonwealth Constitution.
The NSW Supreme Court
has been told this many times. The Justices of the NSW Supreme Court have tried to protect this
fundamental error in basic statutory construction and found that the first line
of the statute is the “Title” of the legislation and not part of the
legislitive drafting. It is not the function of the Supreme Court of NSW to protect significant errors in the
Judicial system. In the High Court Judgment of [Alcan V Commissioner of Territory Revenue] at 47 Justices Hayne Heydon ,
Crennan and Kiefel… “this court
has said on many occasions
that the task of statutory construction
must begin with a consideration
of the text itself” The NSW Supreme Court was also told on many occasions of
this error of all Courts in Monis but it is clear that this Judicial error was
considered so substantial the
Justices have attempted to cover this up.
In the High Court
Judgment [Farah V Say Dee] HCA
2009 at [135] Justice Gleeson, Gummrow Callinan Heydon and Crennan said…”
Intermediate appellate courts and trial Judges in Australia should not depart from decisions in
intermediate courts in another Jurisdiction on the interpretation of Commonwealth
Legislation or uniform national legislation
unless they are convinced that the interpretation is plainly wrong”
It can not only be
shown that the statute of S471.12’s
interpretation or statutory construction is fundamentally wrong and has not been constructed according to basic statutory
construction techniques , it can also be
shown in the three Judgments of Monis
that the statute being applied is not as it is set out in the Criminal Code
Act and in its application breaches
Chapter 2 General Principals of Criminal
Responsibility Criminal Code Act.
The High Court has
said that dicta is not a binding
precedent and correctly, dicta uttered in the High Court does not form a
binding precedent. At the very best it could be
considered persuasive.
It therefore should
concern the High Court of Australia that
it has now become common practice for
courts and Judges to consider that
errors in the High Court [Monis] are
being applied in lower Courts as binding precedents.
No Judge in a lower Court is bound
by the High Court to
misapply the correct text of
S471.12 Criminal Code 1995 and no Judge
should find that the submissions to the High Court in Monis by the
Commonwealth and Victorian Attorney Generals on the alleged elements of the offence a binding precedent. In their application,
the submissions of the Attorney Generals breach Division 3.2 ,5.4, 13.1 and
13.2 Criminal Code Act.
Similarly, the Judgment of [ R V Monis] in the NSW CCA
is fundamentally flawed. Three Justices
of the NSW CCA all failed to
identify that the statute of 471.12 was
not the statute as set out in the Criminal Code Act and therefore the test on
constitutional validity of a modified statute
was also significantly flawed.. The relevant test as applied in Lange
HCA 1997 and now superseded by [McCloy
V NSW]HCA 2015 involves 2 tests. The first is on compatibility and the second is on proportionality.
The test on
compatibility first asks what is the
purpose of the legislation and how does it
serve a legitimate end. The NSW
CCA[R V Monis] 2011 found the purpose of the law was to protect people from being subjected to
offensive material in the post and Bathurst, Allsop and McClelland found it achieves this legitimate
or legal end by the application of the test which was applicable in the Police Offences Act 1928 S25 or “calculated or likely to arouse
significant anger resentment outrage or disgust in the mind of a
reasonable person in all circumstances” . Justice French, Hayne and Haydon of
the High Court were all correct to find
this is not a legitimate end for the purpose of S471.12
The NSW Supreme Court found that the first line of the
legislation is the “title’ and not part of legislative drafting. This flies in
the face of Acts interpretation Act 1901
S12. A statute has no introductory words and no ”title”.
Clearly, it can be
shown that the statute that Justice
Bathurst, Allsop and McClelland found to be valid against the Constitution
is not valid at all. The text has been modified and therefore is
invalid. The High Court of Australia, now being aware of the significant errors
must intervene.
The Construction of
“offensive” in the NSW CCA[R V Monis] 2011
fails a criminal standard for the purpose of S471.12. Justice Bathurst
has applied the construction of “ offensive’ according to the Worchester V Smith 1951[S25] Police Offences
Act 1928 This is a Public Order Offence. To be ‘Offensive’ within the meaning
of this Act it first must be in a public place and second it must cause a
violation of Public Order or a Breach of the Peace. The NSW CCA[R V Monis] 2011 found that the
construction of “Offensive” for the purpose of S471.12 is “calculated or likely
to arouse significant anger
resentment outrage or disgust in the
mind of a reasonable person in all circumstances”
This is plainly and erroneously wrong. The NSW Supreme Court
was told both in oral and written submissions of this error. To protect
these errors in the NSW CCA[Monis] the Justices of the supreme Court found
there was a majority in the High Court[Monis V the Queen ] supported this
construction for the purpose of S471.12.
There is no evidence or grounds in the
High Court to make such a Judgment. All NSW Supreme Court Justices found the Chief Justice of the High
Court, Justice French supported the
construction for the purpose of S471.12. This is clear fabrication.
Justice Hulme and
Barrett also found that Justice Hayne of the High Court supported this
construction of ”offensive” for the purpose of S471.12 Criminal Code Act.
This also is fabrication and there are no ground to support such a decision
Justice French or Hayne supported such a
decision.
It is not in the
interest of Justice for the High Court to allow the supreme Court of NSW to
fabricate decisions of the High Court of Australia.
It can be clearly
shown of the errors in Monis and therefore according to the HCA Judgment of
Farah V Say Dee no lower court is bound by fundamental errors.
It is paramount that that the High Court overrule the
significant errors in Monis
which many, many Judges have
failed to act upon.
The Justices of the
Supreme Court erred that S471.12 and
S474.17 are worded identical and so the same elements
would apply.
This is incorrect. In 2004 Parliament
broadened the term “Carriage service” to include the
internet. “Carriage service” is defined identically in the Telecommunications
Act and the Australian Broadcasting Act.1992. Prohibited or illegal online
content is subject to the Publication, Film and Computer Games Act 1995 ,S471.12
or a postal service or similar is not.
This is the main difference that distinguishes S471.12 from S474.17.
The NSW Supreme Court
has been told many times of this. They have made a Judgment that these two offences must be treated
identically. This is incorrect. The High Court must correct this error. It is
not in the interest of Justice for the High Court to allow an error of law to
continue to be repeated over and over again.
If [Monis V the
Queen] HCA and [RV Monis] NSW CCA are shown to be completely and fundamentally
wrong [R V RM] ACT SC 2009 would be the binding precedent. There cannot be two binding precedent in 2 different
states in Australia on Commonwealth legislation. The definition of a “carriage
service”. is clearly defined in the Telecommunication Act and the Australian Broadcasting Act 1995 and differs
from the definitions of a “Postal
Service or similar” in S471.12.
Under S35 Judiciary
Act 1903 The High Court in considering an application for leave to the High Court should take into consideration. This application
involves both questions on Constitutional Law , Criminal
law and interpretation. It shows why the NSW CCA and three Justices of the High Court in Monis were clearly wrong. There is nothing
ambiguous about S471.12 which would make it necessary to read the legislation down . It is simply that
Kiefell Crennan and Bell from the High Court all failed to read the statute in correct
context.
Part IV:
Reasons
why costs should not be made against me.
The
application before the court of appeal was of critical public importance to
identify and delineate the obscure
conflicting and lack of clarity in the law in respect of provision S471.12 Criminal Code Act arising out of the split decision in Monis V the Queen. Therefore, any
case which its dominant purpose is for certainty of law and the administration of Justice , the costs of
such an application to the Court should not be borne by members of the Community and the costs of any such litigation should be paid by the Crown.
The
Magistrate of the local Court, the Judge of the District Court and the three
Justices of the NSW Supreme Court failed
to take an independent assessment of S474.17 to determine its validity on its
own 2 feet and in error dismissed the appeal on the basis that the interpretation according to [R V
Monis]CCA 2011 and [Monis V The Queen]HCA 2013 was correct.
Part V:
List of
Authorities
1 [Farah V Say
Dee] HCA 2007 at 135
2 [R V Fiona Stewart
Brown]Local Court 2014 P[1] at 20,25,30,35 P[5] at 15
3 [R V Fiona Stewart
Brown]District Court. 2015 at 14
4 [R V Fiona Steawart
Brown]2016 NSW Supreme Court 2016 at
5,6,8,9,,10,14,15,20,21.28.32,33,34,35,
6 [Monis V the
Queen] HCA 2013 at 5,13,14,58,59,90,91,94,
252
7 [R V Monis ] NSW
CCA at 3,59,61 64 66
8 Lange V the
Australian Broadcasting Commission HCA 1997 at 68 69
9 [Alcan Alumina V
Commissioner of Territory Revenue] HCA2009 at 47
10 [ Garcia V
National Australia Bank]HCA 1997 at 56,59
11 Federation
Insurance LTD V Wasson and others HCA
1987at 17
12 Dickenson’s Arcade
PTY LTD V Tasmania HCA 1974 at13
13 [Raymond McCloy
and ors V NSW] HCA at 2
14 Worchester V Smith
Victorian Supreme Court 1951 P318
15 ExParte Breen 1918 NSW Supreme Court
16 Wragge V Pritchard
NSW Supreme Court 1930 P 280
17 Ledrum V
Cambell NSW Supreme Court 1932 P500,
501,503
18 Ball V McIntyre
ACT SC 1966
19 Inglis V Fish Victorian Supreme Court 1961
20 Scott V Howard and
Parkinson Victorian Supreme Court 1912
21 McCauley V
McGovern 1903
22 Refuge Review Tribunal Exparte Aala 200
[141]
23 Scott V DPP 200 at
20-21
24 Quinn V Director
of Public Prosecution [2015] at 6
25 Mulder V DPP NSW
CCA at 35
Part VI:
Constitutional
Provisions and statutes
See Annexure marked “A”
Dated
.................................
[Applicant
or the legal practitioner
representing
the applicant]
To: The
Respondent ( Commonwealth Director of
Public Prosecutions)
Level 10 /175 Liverpool st Sydney
Level 10 /175 Liverpool st Sydney
TAKE NOTICE: Before
taking any step in the proceedings you must, within 14 DAYS after service of this application, enter an appearance
in the office of the Registry in which the application is filed, and serve a
copy on the applicant.
The Applicant’s address for service is:
XXXXXXXXXXXXXXXXXXX
fionabrown01@hotmail.com
Annexure
marked “A”
Constitutional
Provisions and statutes
Constitutional
Provisions and Statutes
1 Judicial Act 1903 S23
2 Summary offences
Act 1988 S4A NSW
3 Summary offences
Act SA 1958 S7
4 Publication Film
and Computer Games Act 1995 S22CA
5 Publication Film and Computer Games Act 1995 S3A,5,7,9, S11, 12
6 Australian Broadcasting
Act 1992 Definitions Schedule 5&7
7 Police offences Act 1908 S8A
8 Police offences Act 1928 S25
9 Section 35A Judiciary Act 1903
10 S474.17 Criminal
Code Act 1995
11S471.12 Criminal
Code Act 1995
12 S471.12 Criminal Code Act 1995
13 . Acts interpretation Act 1901 S12
14 Commonwealth Constitution Act 1901 S51
15 Commonwealth Constitution
Act 1901 s75
16 Commonwealth Constitution Act 1901 S76
17 Police Offences
Act 1958 S27
18 Police Offences
Ordinance 1930-1961 Act S17
19 Police Offences
Act S7
20 Post and Telegraph
Act 1901 Interpretation of terms P2
21 Chapter 2 Division
3.2 ,4,1 13.1 and 13.2Criminal Code Act 1995
22 "Carriage
service" is defined in S7
Australian Broadcasting Act 1995 and
identically in the Telecommunications
Act1997
23 Telecommunications
Act 1997 which defines “carriage
service” as a service for carrying
communications by means of guided or unguided electromagnetic energy.
24 “postal service or
similar’ means (a) a postal service within the meaning of S51(v) Constitution or;(b) a courier service, to the
extent to which the postal or like
service within the meaning of S51
Constitution or (c ) a package or carrying service like within the meaning of S51 Constitution
or (d)any other service that is a postal
or other like service or(e ) a courier
service that is provided by a constitutional
corporation or (f) a package or parcel carrying service that is provided
by a constitutional corporation etc. Definitions Criminal Code Act 1995
Definitions under schedule7 Australian Broadcasting Act 1992
25 “Classification
Board” means the classification board established by the Publication, film and
Computer Games Act 1995
26 “Classified” means
classified under this schedule
27 “Context” means
within the form of text or in the form of data or in the form of speech music
or other sounds or in the form of visual
image or any other combination of forms.
28 “Content Service”
means a service that delivers content to a person having equipment appropriate
for receiving the content of a service that allows end users to access
content using a carriage service.
29 “ prohibited content” has the meaning given
by Clause 20 Schedule 7 Australian
Broadcasting Act 1992 Part 2 Classification of Content;; Division 1 Prohibited
content and potential prohibited content
20 Prohibited content;;content other than eligible electronic publications;;
for the purpose of this schedule , is prohibited content if (a) the content has been classified RC or
X 18+ by the Classifications board
or
(2) For the purpose of this schedule, content that
consists of an eligible electronic publication is prohibited content if the
content has been classified RC , category 2 or restricted category 1 by the
Classification Board
“internet content” has the same meaning as in schedule
5 Broadcasting Act 1992
“potential prohibited
content” has the same meaning as in schedule 7 Broadcasting Act 1992
30. “potential
prohibited content” has the same meaning
within schedule 7
31 “content service” has the same meaning as in the Telecommunications Act 1997
32 Guidelines for the Classifications of
Publications2005
ACMA international training program 2011 Online content
33 Macquarie
dictionary Third add 1997at P1776 meaning Reasonable/ Reasonably
34 .. Macquarie
dictionary Third add 1997 at
P1227meaningof legitimate
35.. Macquarie dictionary
Third add 1997 at P22 meaning of Adapt/ adapted
36Macquarie dictionary Third add 1997at P97meaning of appropriate
37 Macquarie
dictionary Third add 1997at P448 meaning
of compatible
Macquarie
dictionary Third add 1997at P15 meaning
of achieve
38
Crimes Legislation Amendment ( Telecommunication Offences and other Measures) Bill 2004
Dear author I myself have had myself charged with this same offence this explained a lot too me but i was wondering if i could ask some questions this didn't answer maybe you could email me at mrajstanley@gmail.com
ReplyDeleteDear author I'd like to thank you for your blog. As a result of it gave me the direction of what to research and also the confidence to challenge the charges.To my surprise the police prosecutor at the conference today was trying to google the act 474.17 in which I had the pleasure of handing her a copy . The legal advice I had received was accurate but fell into the confusion of the interpretation of this act that has no boundaries to enable a conviction as they see fit. He also said to me if I didn't have priors he would of used it as a test case. Well screw him my priors shouldn't define my guilt.
ReplyDeleteI note that my conduct offends against the standards of good taste and manners, and may be offensive to some people,
My conduct was not calculated to wound the feelings and arouse anger, disgust or outrage in the mind of a reasonable person
who may express themselves in varying registers of civility and offensiveness according to the circumstances. Neither was I reckless as to whether that reaction occurs also there was no intent to cause 'reasonable persons' namely ----- to feel harassed. The statement that was made by the reasonable person knowingly made a false statement which will be proven. Thank you very much sir
Have a similar situation as you, court date 2/8/16. Long story, but singing a guilty form doesn't feel right. Would appreciate some idea if possible.
DeleteHave a similar situation as you, court date 2/8/16. Long story, but singing a guilty form doesn't feel right. Would appreciate some idea if possible.
Delete