NSW Shouted the words 'Hey Sexy Lady' and 'Jihad Gun'. Got charged and convicted of Stalking, Threatening and intimidation

[dangargoyle]

Ok Adam. Nope you're right folk here should not insult others. You know like suggesting I have a mental disability... so nope absolutely, nobody here has the right to attack others. Except you...
I'm owed an apology...

As for the original poster. One of his questions was whether or not he could get a 'discount' for an early plea. You said NO. Then you said YES. Then you had a go at Tim for using the term 'discount' when just like me he put it into "inverted comma's". Clearly the intention was to use the terminology of the original punter.... The common speak is 'plea deal' which is as colloquail as 'discount'. A hell of a lot easier than "Early appropriate guilty plea reforms" - solicitor speak for 'discount' or 'plea deal' and they do happen in NSW and as such your original post was misleading and warranted correcting. You said in your original post that 'we don't sell consequences" - "sell consequences" sounds a bit like "discount" right? YES we do 'sell consequences' and give 'discounts'.
So back on task, nobody has the right to insult others? except you? Hm, Nobody has the right to use colloquail language? except YOU. Nobody has the right to be wrong? EXCEPT YOU... Your original answer was wrong. You got corrected. OUCH.

Communities and Justice

The NSW Department of Communities and Justice is the lead agency in the new Stronger Communities Cluster. The new Stronger Communities Cluster brings together, and replaces, the Family and Communities and Justice Clusters.

www.justice.nsw.gov.au

Sadly....
You could have actually given a common sense answer based on your personal experience, which is YES there are cases where magistrates will consider the context, an early plea might be one... Another might be previous history, as was the case with you, who got off on riding without a helmet because of your previous clean record.

Keep your apology to me. But consider whether our original poster, who stated he had mental health issues (regardless of the colour of his skin) deserved the dressing down and the mis-information you provided? Yep I get it. You were being sarcastic. I wonder if our original punter picked up on that? Easy to mistake sarcasm for mockery. WHY? well that is what sarcasm is. Mockery. So no sarcasm? No MOCKERY? U'M UNLESS IT IS YOU DOING IT RIGHT? YOU MOCKED HIM A man with mental illness got mocked BY YOU. Well done... Your information was wrong and you means of communicating it was to mock.
You have a right to reply to those who have been critical of you and I'm one of them and i have the same right.... But guess what. When I've seen reason to correct you I have put you in your place with style, finess and more than a little bit of class. You have resorted to the same sort of potty mouth that got our original poster locked up.

So can you please keep your promise. PLEASE. You know the one. Where you said you'd link your scooter thread to any comment Tim makes.... PLEASE. Beacuse when you do I promise, I'll post a quote from the same thread.
"Tim was right!"
Guess who wrote it?
YOU.
Ouch - see old mate Tim said you would not get a section 10. He gave you advice and you thanked him.
Tim was right! as was the case in this thread when he corrected you. NSW crimnal law does discounts.

Thank you

 

[dangargoyle]

Here you go again,,,,
Now I am sure you are not true in your stories, I am positive now that you are trying to stir things up here. Please read my response for your other post:

NSW - 18 Months Jail for holding someones hand and touching another on the shoulder

I'm a Black man living in Sydney, NSW. I am diagnosed with depression, anxiety and psychosis. I was intoxicated one day at the train station and was greeting almost everyone I came across. I met two young ladies and greeted them and shook the hand of the first lady and held it for a few seconds...

www.lawanswers.com.au

What says you are not true, is the fact that in Australia we don't sell consequences on discount (15%!!!!), you get what you deserve.....
Sorry you are wasting everyone's time to stair things up, go back to where you came from and do it there.

"go back to where you came from and do it there?" Ok. I think that the lowest point a human being can sink is to reduce themselves to the level of an ignorant racist like yourself. Perhaps you have had the privilege of never going to jail for a petty crime. Perhaps you have had many blessings of good luck in your life. Perhaps you feel a sense of ownership to this country and think that all foreigners should go back to where they came from. You may be hiding behind an anonymous Online profile, but your comments will still go a long way and hurt other people. May you find peace within yourself!

 

[sammy01]

"Does shouting the words 'Hey Sexy Lady' and 'Jihad Gun' amount to a criminal offence? am missing something?"


Mate I'm glad you came back. I wanted to write a decent response to the core of your original question before this thread got railroaded... But didn't really wanna waste my time if you didn't read it because I’m not interested in engaging with some of the nonsense that has happened on your thread and i figured you'd have lost interest because of those response.

so to answer your questions.

I'm gonna make some comparisons to the USA - Not assuming you're American. But just because it might be beneficial in answering your questions because the similarities between the two countries is obvious.

So let's look at the "GUN" bit first.
Australia has some pretty strict weapon laws. Carrying a knife is illegal. So in comparison to the USA where the 'right to bear arms' is enshrined in the constitution. There you can carry guns. Here you can't even carry a knife. Mate, I know you didn't have a gun. But, our strict gun laws would have contributed towards causing fear among those around you on that day. That leads to the next bit.

Jihad - Now this is where the s**t hit the fan.... throw that one in with the use of the word GUN.... and we've got a problem... I can well imagine the fear you caused others. So to compare with the USA - where the first amendment to the constitution is the right to freedom of speech. We have no such thing. What we do have is some very strict anti- terror laws. Which have been heavily criticised by our own human rights commission.
"The Commission has been critical of attempts to enact counter-terrorism laws without adequate scrutiny of their human rights implications."

A Human Rights Guide to Australia's Counter-Terrorism Laws

This guide provides a basic overview of Australia’s counter-terrorism laws from a human rights perspective. It discusses the following questions:

humanrights.gov.au

The Jihad bit was where I reckon you went wrong BIG TIME. This also needs to be considered in the light of the fact that Sydney has been exposed to acts of terrorism in recent times.

So 18 months for doing something very stupid while drunk? Look, all we have here is the details you provided and by your own admission you’re your recollection was affected by alcohol and I’m guessing your mental health issues. So based on that let me continue.


So I'm walking the streets of Sydney. I see a bloke acting irrationally - Calling out "Jihad GUN" and directing it at security guards. I'm s**t scared. Feeling Threatened? YUP Intimidated? YEP. As would everyone around you. It warrants police intervention. As or the 18 months – I’m not gonna express an opinion because I am not a judge and I didn’t have the facts the judge had. That said…



There is an argument that this could have been dealt with under anti-terror legislation and that would potentially see you sentence to more than 10 yrs and upon release you could have your visa rejected and you'd be sent back to your country of origin (assuming you were not born here - sorry if my assumption is wrong). There are cases where people who came to Australia as toddlers have been returned to their country of origin 40-50 years after arrival. Sickening in my opinion that we could remove a person to their 'country of origin' when they don't speak the language or have any capacity to fend for themselves. But those laws do exist in Australia and goes towards answering your question about the laws. I’m glad for you that the police didn’t go down the anti-terror law line of argument.



Now I wish I could leave skin colour out of this. But that would be naive. In America - "we hold these truths to be self evident that all men are born equal" American Declaration of Independence - 1776. Clearly they meant WHITE MEN. So nope no racial equality there. Men and women of colour were excluded as were white women. In Australia one of the first pieces of legislation passed by our Federal Government in 1901 was the "Immigration restriction Act" 1901 - Commonly known as the 'white Australia policy', so there is an established history going back to the early days of the Federation of Australia of racism...


Let’s move forward to modern times. The "Black Lives Matter" movement has come to the fore of public attention in the last year or so in both America and Australia. It is fair to say racism is prevalent in the USA today and it would be naive to say that racism doesn’t exist in Australia, both on the street level and within institutions. But, I'm a white guy, so I'm not telling you anything you didn't already know and while I'm read up on stuff and have empathy for you. I don't have the lived experience of racism. In short you know racism in a way I don't and I wish that wasn't true, I really do.

Sad fact - every kid in the Northern Territory who is in juvenile detention is Aboriginal. Every single one. So racism within our criminal justice system. YEP Australia is guilty.

All children in detention in the Northern Territory are Indigenous

Policy for dealing with youth crime among Aboriginal children labelled ‘inhumane, costly and does not work’

www.theguardian.com

In 2007 one of the highest rating tv shows in the country was "Summer Heights High" where the main character was painted brown to imitate / mock Pacific Islanders. This is not too dissimilar to "blackface" 'comedy' in the USA.


A popular tv show did a revival show some years back where Harry Connick Junior was appalled by similar racism. Click through to about the 6min mark on the youtube.

Like I said it would be naive to say racism isn't prevalent here. Something you know better than me and to be honest, some of the responses here also have demonstrated racism on the street level is prevalent. I wish that wasn't the case.

And as I demonstrated early on in this thread, there is no doubt that our prisons house people who committed crimes but had mental health issues and I reckon our society would be a better one if we showed more compassion to those suffering from mental health issues just as we would be a better country if we faced up to racism.

Not good reading so far.... And I don't think it is gonna get any better.

For what is is worth I hope you are doing well since your release from jail and I hope the fact that more folk on this site spoke up in your defence than attacked you gives you some reason to think that this is a good country.




Thanks for reading my rant and I hope it helps give you some insights into answering your question about the laws.



For what it is worth I’m going to apologise that your question here resulted in you copping responses that were hurtful this is a good website that often provides accurate opinion about legal matters.



I’m impressed with the composure and integrity you’ve shown in responding to those comments.

Cheers

Sammy.

 

[dangargoyle]

"Does shouting the words 'Hey Sexy Lady' and 'Jihad Gun' amount to a criminal offence? am missing something?"


Mate I'm glad you came back. I wanted to write a decent response to the core of your original question before this thread got railroaded... But didn't really wanna waste my time if you didn't read it because I’m not interested in engaging with some of the nonsense that has happened on your thread and i figured you'd have lost interest because of those response.

so to answer your questions.

I'm gonna make some comparisons to the USA - Not assuming you're American. But just because it might be beneficial in answering your questions because the similarities between the two countries is obvious.

So let's look at the "GUN" bit first.
Australia has some pretty strict weapon laws. Carrying a knife is illegal. So in comparison to the USA where the 'right to bear arms' is enshrined in the constitution. There you can carry guns. Here you can't even carry a knife. Mate, I know you didn't have a gun. But, our strict gun laws would have contributed towards causing fear among those around you on that day. That leads to the next bit.

Jihad - Now this is where the s**t hit the fan.... throw that one in with the use of the word GUN.... and we've got a problem... I can well imagine the fear you caused others. So to compare with the USA - where the first amendment to the constitution is the right to freedom of speech. We have no such thing. What we do have is some very strict anti- terror laws. Which have been heavily criticised by our own human rights commission.
"The Commission has been critical of attempts to enact counter-terrorism laws without adequate scrutiny of their human rights implications."

A Human Rights Guide to Australia's Counter-Terrorism Laws

This guide provides a basic overview of Australia’s counter-terrorism laws from a human rights perspective. It discusses the following questions:

humanrights.gov.au

The Jihad bit was where I reckon you went wrong BIG TIME. This also needs to be considered in the light of the fact that Sydney has been exposed to acts of terrorism in recent times.

So 18 months for doing something very stupid while drunk? Look, all we have here is the details you provided and by your own admission you’re your recollection was affected by alcohol and I’m guessing your mental health issues. So based on that let me continue.


So I'm walking the streets of Sydney. I see a bloke acting irrationally - Calling out "Jihad GUN" and directing it at security guards. I'm s**t scared. Feeling Threatened? YUP Intimidated? YEP. As would everyone around you. It warrants police intervention. As or the 18 months – I’m not gonna express an opinion because I am not a judge and I didn’t have the facts the judge had. That said…



There is an argument that this could have been dealt with under anti-terror legislation and that would potentially see you sentence to more than 10 yrs and upon release you could have your visa rejected and you'd be sent back to your country of origin (assuming you were not born here - sorry if my assumption is wrong). There are cases where people who came to Australia as toddlers have been returned to their country of origin 40-50 years after arrival. Sickening in my opinion that we could remove a person to their 'country of origin' when they don't speak the language or have any capacity to fend for themselves. But those laws do exist in Australia and goes towards answering your question about the laws. I’m glad for you that the police didn’t go down the anti-terror law line of argument.



Now I wish I could leave skin colour out of this. But that would be naive. In America - "we hold these truths to be self evident that all men are born equal" American Declaration of Independence - 1776. Clearly they meant WHITE MEN. So nope no racial equality there. Men and women of colour were excluded as were white women. In Australia one of the first pieces of legislation passed by our Federal Government in 1901 was the "Immigration restriction Act" 1901 - Commonly known as the 'white Australia policy', so there is an established history going back to the early days of the Federation of Australia of racism...


Let’s move forward to modern times. The "Black Lives Matter" movement has come to the fore of public attention in the last year or so in both America and Australia. It is fair to say racism is prevalent in the USA today and it would be naive to say that racism doesn’t exist in Australia, both on the street level and within institutions. But, I'm a white guy, so I'm not telling you anything you didn't already know and while I'm read up on stuff and have empathy for you. I don't have the lived experience of racism. In short you know racism in a way I don't and I wish that wasn't true, I really do.

Sad fact - every kid in the Northern Territory who is in juvenile detention is Aboriginal. Every single one. So racism within our criminal justice system. YEP Australia is guilty.

All children in detention in the Northern Territory are Indigenous

Policy for dealing with youth crime among Aboriginal children labelled ‘inhumane, costly and does not work’

www.theguardian.com

In 2007 one of the highest rating tv shows in the country was "Summer Heights High" where the main character was painted brown to imitate / mock Pacific Islanders. This is not too dissimilar to "blackface" 'comedy' in the USA.


A popular tv show did a revival show some years back where Harry Connick Junior was appalled by similar racism. Click through to about the 6min mark on the youtube.

Like I said it would be naive to say racism isn't prevalent here. Something you know better than me and to be honest, some of the responses here also have demonstrated racism on the street level is prevalent. I wish that wasn't the case.

And as I demonstrated early on in this thread, there is no doubt that our prisons house people who committed crimes but had mental health issues and I reckon our society would be a better one if we showed more compassion to those suffering from mental health issues just as we would be a better country if we faced up to racism.

Not good reading so far.... And I don't think it is gonna get any better.

For what is is worth I hope you are doing well since your release from jail and I hope the fact that more folk on this site spoke up in your defence than attacked you gives you some reason to think that this is a good country.




Thanks for reading my rant and I hope it helps give you some insights into answering your question about the laws.



For what it is worth I’m going to apologise that your question here resulted in you copping responses that were hurtful this is a good website that often provides accurate opinion about legal matters.



I’m impressed with the composure and integrity you’ve shown in responding to those comments.

Cheers

Sammy.

Thanks a lot Sammy01. You have provided the closure I needed for this situation and have made my day much much better than it was. I guess its not easy to change some realities in this world. I am encouraged that there are individuals like you that have the courage to speak up on situations where other people's rights may be getting violated. May God bless you abundantly.

 

[Adam1user]

"Does shouting the words 'Hey Sexy Lady' and 'Jihad Gun' amount to a criminal offence? am missing something?"

TO: Tim W, Sammy01 and Attticus

I was busy last week or so, I could not write.

I will not answer after this message, as you all are not reasonable and think you are above all. You don’t know how to provide constructive criticism and just think if you know something, you take the upper hand.

I talked to someone and there is discount, so I was wrong (Yes I am human and not a GOD). The reason why I did not listen to you all is for the reason above. I have talked to several lawyers before and no one mentioned anything about discounts.

Also for section 10, the lawyers did not mention that section 10 is applicable for criminal matters and also the Magistrate (even though I asked in my statement submitted to the Magistrate, the Magistrate did not correct me then, because the magistrate was looking the key point of my issue and the small aspect which I don’t care about), I know they were all interested in the bigger issue that interests me, not just concentrating on the minor stuff. No one mentioned that section 10 (in clear manner) is only for criminal matters. I will check this for my own benefit.

Have you all ever heard of “calculated risk”?

For you all, you don’t read the whole thing and just concentrate on minor aspects and not the whole big picture, this was evident in several times and repeated.

Taking Tim W advice, as a whole and not each word by itself:

1st: “Forget section 10 and all that.
You don't have a legal leg to stand on.
Just pay the fine and move on with your life.”

2nd:” Too bad.
Pay the fine and let the points (3, isn't it?)
be a lesson to you.”

3rd:” There is a remote possibility that the Magistrate will dismiss the matter.”

Now if you put all three together, what is the final advice? (I will help you with that, it means pay the fine and move on with your life and don’t go to court you will lose, stating there is a remote possibility, does not change the final opinion, stating the word “remote” means there is little chance).

Go back and read his Tim W comments, I did not insult him at all and all the time I wrote in a positive way, but he keeps insisting “who think themselves superior and infallible” and in several times repeats not clever just lucky! When someone takes that approach, do you respect that person, even in my comments I stated it was not about the money, I have other reasons and one main reason, I don’t want to lose the clean driving record.

For Sammy01, you agreed with Tim W at that time and you also hold that opinion even after the event!

Sammy01, you really don’t understand what you read, if you read the whole comment you would understand that I never attacked the OP as he is a black man, I don’t know him, I never saw him and I don’t from where he is from. I attacked his point of raising the racism issue. I apologise to all and every person who has mental disability by referring that you have one, I have insulted them, not you. As for you what I can say, for calling me a racist, go love yourself (I am sure you know what I mean). You have railroaded this thread, not me. I did not want to get into war of words with you but you forced it. You fell into it, you should have not interfered. Go back and read the comments again (in my issue). Read them and see how Rob Legat -SBPL wrote long answers and his answers were positive unlike Tim W, he insults people [Not just me only, but others, as I wrote calling security guard or parking rangers as Monkeys- who does that?). Again, you read part of the whole and take it as it is a verse of the a holy book, you refer back that I wanted to take the “private road” approach and you completely missed where I stated I was wrong in this and I will not take that approach as I was hasty in writing it. I don’t know how you all concentrate on one point and forget the whole big picture!

For Atticus: in which parallel universe you live that is Tim W advice was correct? If you put all 3 points he wrote it means that I have no chance and I would lose if I go to court, I like it even after the event and the outcome (to my favor) you still think I was lucky and Tim W was right, and do read my question : have you heard of calculated risk? Or that is not in your parallel universe?

You all three are wrong, I don’t care what you write, this has passed by nearly 2 years (in Feb 2018!), I have the Magistrate and two lawyers who agreed with me! Please get over it.

 

[Adam1user]

Thanks a lot Sammy01. You have provided the closure I needed for this situation and have made my day much much better than it was. I guess its not easy to change some realities in this world. I am encouraged that there are individuals like you that have the courage to speak up on situations where other people's rights may be getting violated. May God bless you abundantly.

To dangargoyle:

I regret not putting the word “if” at the start of my comments, I did not attack you or I don’t judge you. I attacked one point only that I thought you were trying to raise (That is why I should have put the word “IF”). I don’t know you, I did not see you, and I don’t know where you come from, again I did not attack you, I attacked the racism point only. So I cannot apologise, If I apologise, that means I attacked you and insulted you, I can say I regret that not writing the word “if”. Again and I stress that I should have put the word “if” before my comments to state “If you are trying to raise the issue,,,” if you read my comments, you will see I did not write go back because you are black, but (if) you are trying to stir etc…. , Read the whole comment and take it as a whole and don’t pick and choose certain words only.

You thanked Sammy01, good on you, but if you read his comments in response to me, he concentrates on little things and does not see the whole picture.

I am not judging you, and every person does mistakes, the only thing, is that you are the only one who can help yourself. Finally, my point related to the racism point and not to you.

Don’t listen to the BS given by others, you read it yourself, I cannot change what I wrote, so it is the same from the time I wrote it . You will see for yourself I am referring to the racism point only and not to you. I should have put “if”. Read my comments in reply to both of your comments and read them as a whole.

Good luck.

 

[Atticus]

For Atticus: in which parallel universe you live that is Tim W advice was correct?

Don't recall writing I agreed with Tim.

Have you all ever heard of “calculated risk”?

Yes.... You took a calculated risk & got lucky on the day.... Against the odds... congratultions

 

[Tim W]

I will not answer after this message....

No replies?
Ever again?
On any subject?

-> No problem.