Tuesday, June 20, 2017

The criminal actions of lawyers? - How to test if one is really working for you

So, you received a letter in the mail from the state's honest police force, that you have been 'fined' for an offence alleged by a piece of electronic equipment commonly referred to as a speed or red light camera.

Australia's fair, impartial, and 'innocent until proven guilty' legal system does not see this matter as being a 'civil' one but rather as a criminal matter, hence it being listed under the criminal section of the daily court lists.

Since you have committed a crime, there must be a victim in the case against you.

At law, you must also have the opportunity to face your accuser.

At law, you must also have a sworn statement from your accuser against you (or rather your 'person').

Since you know these basic fundamentals of law in the democratic, fair, just and honourable legal system of Australia, and you are fully aware that you did not commit any criminal office you decide to hire a lawyer in your matter.

It's not a matter that you should 'just pay' the fine as it's only a couple of hundred dollars whereas a lawyer on the day may cost you anything between $800 - $1200, plus your valuable time away from earning cash, it is a matter of principle that you did not commit any 'criminal' actions.

So while talking to your lawyer about your fine, they are thinking which chateau their spoilt little brats will be staying at in France from the funds obtained from your matter.

One question you could ask the honest lawyer would be what 'Act' are you being charged under.

If in Victoria, you could be greeted with a response resembling the Infringements Act of 2006 or the Road Safety Act from 1986.

What you may want to do is ask the lawyer to check whether that 'Act' is in force lawfully.

IF your lawyer would be really working for you, there would be paperwork presented to you with the evidence that the (e.g.) Road Safety Act 1986 has not been enacted lawfully, therefore an invalid Act.

The above example is not your only resolution to the above related matter, as there are many other points of law not discussed in this post.

Very briefly, 

should you choose to further research other points of law consider the following;

  • The people in the 'Australian Government' will tell you that all laws (read Acts)  and actions of people in government are subject to a document called the 'Commonwealth of Australia Constitution Act', where Queen Victoria approved its Bill on the 9th of July 1900, where the Act came into circulation on the 1st day of January 1901.

  • Comprehend the difference between the U.K. Act called 'Commonwealth of Australia Constitution Act'' and the 'Australian Constitution'

  • Comprehend the difference between  the High Court of Australia as established in 1901 and the one today, as established by the High Court of Australia Act 1979.

  • Comprehend the law making process from the initial idea to the Bill to Royal Assent to the Act coming into 'force' and the people involved in the entire process.

  • Obtain the 'law' (read Act) that allows the various entities to ascertain power over your person; e.g. the Victorian Sheriff ( Sheriff Act 2009), the police (e.g. Victoria Police Act 2013), the court (Magistrates' Court Act 1989, for Victorians), etc.
  •  Where does your hard earned cash go, from this so called fine.

There are many other points not mentioned here which you can put before a court of competent jurisdiction.

NOTE: DO NOT rely on official 'Australian Government' documentation as your only source of information.

Do your own research and obtain inquiries pertaining to your matter.

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