Australian Politics Forum - Peta lands gig on Police RBT

Swagman Gold Member Offline Beware of cheap imitations...... Posts: 15095 Illawarra NSW Gender:	Re: Peta lands gig on Police RBT Reply #60 - Mar 20^th, 2016 at 7:39pm John Smith wrote on Mar 20^th, 2016 at 7:32pm: Swagman wrote on Mar 20^th, 2016 at 7:25pm: John Smith wrote on Mar 20^th, 2016 at 7:18pm: then why pretend she had one? ......I didn't so you thought you'd throw that in because? ....threw 'what' in because?
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Aussie Gold Member Offline OzPolitic Posts: 39715 Gender:	Re: Peta lands gig on Police RBT Reply #61 - Mar 20^th, 2016 at 8:14pm Andrei.Hicks wrote on Mar 20^th, 2016 at 7:33pm: I actually know someone else in Australia, a friend of my dad who blew 0.065 in NSW and didn't get banned but received a warning. I don't believe you, your Dad or his friend.
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Its time

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Re: Peta lands gig on Police RBT
Reply #62 - Mar 20^th, 2016 at 8:23pm

Aussie wrote on Mar 20^th, 2016 at 8:14pm:

Andrei.Hicks wrote on Mar 20^th, 2016 at 7:33pm:

I actually know someone else in Australia, a friend of my dad who blew 0.065 in NSW and didn't get banned but received a warning.

I don't believe you, your Dad or his friend.

Wouldnt you have every defendent using .065 sob story defence to get off , as it is they should be claiming the Credlin defence , im calling BS as well the line in the sand is .05 for everyone , unless you have Liberal political connections

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Swagman

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Re: Peta lands gig on Police RBT
Reply #63 - Mar 20^th, 2016 at 8:56pm

Its time wrote on Mar 20^th, 2016 at 8:23pm:

Aussie wrote on Mar 20^th, 2016 at 8:14pm:

Andrei.Hicks wrote on Mar 20^th, 2016 at 7:33pm:

I actually know someone else in Australia, a friend of my dad who blew 0.065 in NSW and didn't get banned but received a warning.

I don't believe you, your Dad or his friend.

Wouldnt you have every defendent using .065 sob story defence to get off , as it is they should be claiming the Credlin defence , im calling BS as well the line in the sand is .05 for everyone , unless you have Liberal political connections

.....it can happen Huh

http://www.judcom.nsw.gov.au/publications/benchbks/sentencing/dismissal_of_charg...

Quote:

It has been held that the dismissal of charges against first offenders in certain circumstances is appropriate. This power reflects the willingness of the legislature and the community to provide first offenders, in certain circumstances, a second chance to maintain a reputation of good character: R v Nguyen [2002] NSWCCA 183 at [50]. In R v Ingrassia (1997) 41 NSWLR 447 at 449, the court acknowledged that the “legal and social consequences of being convicted of an offence often extend beyond any penalty imposed by a court” and the fact that a person is subject to these additional adverse consequences is a relevant consideration in the exercise of the statutory discretion.

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Its time

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Re: Peta lands gig on Police RBT
Reply #64 - Mar 20^th, 2016 at 9:13pm

Swagman wrote on Mar 20^th, 2016 at 8:56pm:

Its time wrote on Mar 20^th, 2016 at 8:23pm:

Aussie wrote on Mar 20^th, 2016 at 8:14pm:

Andrei.Hicks wrote on Mar 20^th, 2016 at 7:33pm:

I actually know someone else in Australia, a friend of my dad who blew 0.065 in NSW and didn't get banned but received a warning.

I don't believe you, your Dad or his friend.

Wouldnt you have every defendent using .065 sob story defence to get off , as it is they should be claiming the Credlin defence , im calling BS as well the line in the sand is .05 for everyone , unless you have Liberal political connections

.....it can happen Huh

http://www.judcom.nsw.gov.au/publications/benchbks/sentencing/dismissal_of_charg...

Quote:

It has been held that the dismissal of charges against first offenders in certain circumstances is appropriate. This power reflects the willingness of the legislature and the community to provide first offenders, in certain circumstances, a second chance to maintain a reputation of good character: R v Nguyen [2002] NSWCCA 183 at [50]. In R v Ingrassia (1997) 41 NSWLR 447 at 449, the court acknowledged that the “legal and social consequences of being convicted of an offence often extend beyond any penalty imposed by a court” and the fact that a person is subject to these additional adverse consequences is a relevant consideration in the exercise of the statutory discretion.

What were Credlins extenuating circumstances and would she have been treated differently if she was just Peta Credlin off the street?

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Aussie

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Re: Peta lands gig on Police RBT
Reply #65 - Mar 20^th, 2016 at 9:20pm

Swagman wrote on Mar 20^th, 2016 at 8:56pm:

Its time wrote on Mar 20^th, 2016 at 8:23pm:

Aussie wrote on Mar 20^th, 2016 at 8:14pm:

Andrei.Hicks wrote on Mar 20^th, 2016 at 7:33pm:

I actually know someone else in Australia, a friend of my dad who blew 0.065 in NSW and didn't get banned but received a warning.

I don't believe you, your Dad or his friend.

Wouldnt you have every defendent using .065 sob story defence to get off , as it is they should be claiming the Credlin defence , im calling BS as well the line in the sand is .05 for everyone , unless you have Liberal political connections

.....it can happen Huh

http://www.judcom.nsw.gov.au/publications/benchbks/sentencing/dismissal_of_charg...

Quote:

It has been held that the dismissal of charges against first offenders in certain circumstances is appropriate. This power reflects the willingness of the legislature and the community to provide first offenders, in certain circumstances, a second chance to maintain a reputation of good character: R v Nguyen [2002] NSWCCA 183 at [50]. In R v Ingrassia (1997) 41 NSWLR 447 at 449, the court acknowledged that the “legal and social consequences of being convicted of an offence often extend beyond any penalty imposed by a court” and the fact that a person is subject to these additional adverse consequences is a relevant consideration in the exercise of the statutory discretion.

Swagman..........come on. (a) That link is to NSW legislation, and Common Law, not ACT legislation, and (b) post the ACT equivalent.

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Swagman

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Re: Peta lands gig on Police RBT
Reply #66 - Mar 20^th, 2016 at 10:07pm

Aussie wrote on Mar 20^th, 2016 at 9:20pm:

Swagman wrote on Mar 20^th, 2016 at 8:56pm:

Its time wrote on Mar 20^th, 2016 at 8:23pm:

Aussie wrote on Mar 20^th, 2016 at 8:14pm:

Andrei.Hicks wrote on Mar 20^th, 2016 at 7:33pm:

I actually know someone else in Australia, a friend of my dad who blew 0.065 in NSW and didn't get banned but received a warning.

I don't believe you, your Dad or his friend.

Wouldnt you have every defendent using .065 sob story defence to get off , as it is they should be claiming the Credlin defence , im calling BS as well the line in the sand is .05 for everyone , unless you have Liberal political connections

.....it can happen Huh

http://www.judcom.nsw.gov.au/publications/benchbks/sentencing/dismissal_of_charg...

Quote:

It has been held that the dismissal of charges against first offenders in certain circumstances is appropriate. This power reflects the willingness of the legislature and the community to provide first offenders, in certain circumstances, a second chance to maintain a reputation of good character: R v Nguyen [2002] NSWCCA 183 at [50]. In R v Ingrassia (1997) 41 NSWLR 447 at 449, the court acknowledged that the “legal and social consequences of being convicted of an offence often extend beyond any penalty imposed by a court” and the fact that a person is subject to these additional adverse consequences is a relevant consideration in the exercise of the statutory discretion.

Swagman..........come on. (a) That link is to NSW legislation, and Common Law, not ACT legislation, and (b) post the ACT equivalent.

Andrei's example was from NSW.

The ACT equivalent was in Reply # 40

Swagman wrote on Mar 20^th, 2016 at 5:33pm:

http://www.legislation.act.gov.au/a/2000-48/current/pdf/2000-48.pdf

Here's The Rule of Law

Quote:

17 Non-conviction orders—general
(1) This section applies if an offender is found guilty of an offence.
(2) Without convicting the offender of the offence, the court may make
either of the following orders (each of which is a non-conviction
order):
(a) an order directing that the charge be dismissed, if the court is
satisfied that it is not appropriate to impose any punishment
(other than nominal punishment) on the offender;
(b) a good behaviour order under section 13.
Note A good behaviour order for a non-conviction order cannot include a
community service condition because the offender is not convicted of
the offence (see s 87).
(3) In deciding whether to make a non-conviction order for the
offender, the court must consider the following:
(a) the offender’s character, antecedents, age, health and mental
condition;
(b) the seriousness of the offence;
(c) any extenuating circumstances in which the offence was
committed.

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Aussie Gold Member Offline OzPolitic Posts: 39715 Gender:	Re: Peta lands gig on Police RBT Reply #67 - Mar 20^th, 2016 at 10:26pm Okay.....that looks clear. Can you link the relevant ACT Legislation on drink driving offences/penalties?
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Swagman

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Re: Peta lands gig on Police RBT
Reply #68 - Mar 21^st, 2016 at 7:26am

Its time wrote on Mar 20^th, 2016 at 9:13pm:

What were Credlins extenuating circumstances and would she have been treated differently if she was just Peta Credlin off the street?

Would Peta Credlin off the street have her name dragged through the media for such a relatively minor offence?

That was her lawyer's angle anyway. That, and it being a first offence in 21 years on the road.

http://www.abc.net.au/news/2013-09-10/credlin-avoids-punishment-on-drink-driving...

Quote:

Ms Credlin pleaded guilty to blowing 0.075 during a breath-test, but today avoided having a conviction recorded.

Ms Credlin's lawyer argued for the charge to be dismissed due to her otherwise clean driving record and the punishment already received by having the matter play out in the media.

Her lawyer also told the court that incoming Attorney-General George Brandis, had written to the court describing Ms Credlin's exemplary character and how she had a 21-year unblemished driving record.

Magistrate Maria Doogan noted that Ms Credlin pleaded guilty at the earliest possibility.

"I find the offence proven but I'm not recording a conviction," Magistrate Doogan said.

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Swagman Gold Member Offline Beware of cheap imitations...... Posts: 15095 Illawarra NSW Gender:	Re: Peta lands gig on Police RBT Reply #69 - Mar 21^st, 2016 at 7:41am Aussie wrote on Mar 20^th, 2016 at 10:26pm: Okay.....that looks clear. Can you link the relevant ACT Legislation on drink driving offences/penalties? http://www.legislation.act.gov.au/isysquery/document.asp?results=F766E4AC-B305-4...
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