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NSW Does Local Court Create Common Law?

Discussion in 'Criminal Law Forum' started by Precedent2, 6 May 2018.

  1. Precedent2

    Precedent2 Active Member

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    You are incorrect and wrong. The common law is judge-made law in Australia, which is law established on centuries of wisdom beginning in Great Britain with the Norman Conquest. Unlike the Civil Law countries of Europe which codify their legislation, the legislative enactments by parliaments in Australia can be seen to modify the common law. I mean, that's not even my question, but you're right about one thing -- if the electorate don't like a new law they will attempt to vote the mob out for enacting it, lol.
     
  2. Precedent2

    Precedent2 Active Member

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    Tim W, the answer to this question I posed is: the police prosecutor for the first mention. Then, if it goes to hearing, the RMS will either have their own lawyer, or they will shuffle one in from the Crown Solicitors Office. Indolent and bored by a template existence in court, I suspect that either adversary will make for easy work.
     
  3. Tim W

    Tim W Lawyer
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    It depends on the offence.
    A court-elected speeding infringement might attract only the efforts of a Police Prosecutor.
    By contrast, prosecuting a Manner Dangerous Causing Death,
    with complex technical evidence, and perhaps witnesses,
    might be more likely to be handled by a lawyer from (or briefed by) the DPP.
     
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  4. Precedent2

    Precedent2 Active Member

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    Agree with that completely, especially since the RMS do not run culpable homicide cases.
     
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