Recently, a friend of mine (yes, really), was involved in a minor incident with his partner. He was arrested for Common Assault. He pleaded Guilty in the local court but requested a section 10 and a section 32.
These were dismissed and he was fined $800. This is particularly devastating for him as he works in the security industry.
During the judges decision making, the judge read out the accused's juvenile criminal record and used it to base his decisions on this, as well as there was some "evidence" that the accused has been in previous failed relationships (who hasn't though?).
The judge was informed that these convictions were juvenile in nature and some 23-26 years ago. This is, of course, verifiable by the dates of conviction, to which the judge replied "It's not that long ago"
What do you think about this being used against the accused? Is it even lawful under Criminal Law? And what right does a judge have to base his findings and refusal of section 10 or 32 based on a previous failed relationship?
Sounds ridiculous to me.
Comments, please.
These were dismissed and he was fined $800. This is particularly devastating for him as he works in the security industry.
During the judges decision making, the judge read out the accused's juvenile criminal record and used it to base his decisions on this, as well as there was some "evidence" that the accused has been in previous failed relationships (who hasn't though?).
The judge was informed that these convictions were juvenile in nature and some 23-26 years ago. This is, of course, verifiable by the dates of conviction, to which the judge replied "It's not that long ago"
What do you think about this being used against the accused? Is it even lawful under Criminal Law? And what right does a judge have to base his findings and refusal of section 10 or 32 based on a previous failed relationship?
Sounds ridiculous to me.
Comments, please.