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QLD Where is the evidence?

Discussion in 'Australian Law Students Forum' started by cuttyshatface, 30 June 2017.

  1. cuttyshatface

    cuttyshatface Well-Known Member

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    What admissible evidence does the Prosecution/DPP have to support their claim that the defendant is subject to the law that has allegedly been infringed upon.
     
  2. Tim W

    Tim W Lawyer
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    They don't need to prove that you are subject to the law.
     
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  3. cuttyshatface

    cuttyshatface Well-Known Member

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    Forgive my ignorance Tim. Why is this?
     
  4. Rob Legat - SBPL

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    Because you're either an Australian citizen, in which case the laws of Australia apply to you, or you're a foreign citizen, in which case the laws of Australia apply to you because you consented to them when you came into the country, or you're an illegal alien, in which case the laws of Australia still apply to you and you're liable to be deported. If you came into the country as a child, your parents/guardians gave consent on your behalf.

    You don't get to choose. It's a package deal. Either all the laws apply, the good and bad, or you don't get to be a part of society.
     
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  5. cuttyshatface

    cuttyshatface Well-Known Member

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    Please define society?
    &
    Do you consent to submitting "THEIR" ideals because there is a greater number of "THEM" if "YOU" are causing no injury or loss?
     
  6. Rob Legat - SBPL

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    Society: (1) organised and interdependent community. (2) system and organisation of this. (I'm using the Australian Pocket Oxford dictionary. Australian courts use the Macquarie, I think. Rod will know for sure).

    If I understand your question correctly: yes. The fundamentals of a democratic, representational based government is that the laws reflect the will of the majority of the people. By failing to uphold the collective will of the community (ie breaking their laws) the offender is considered to be causing damage to the peace of the community. There's your injury or loss.
     
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  7. Tim W

    Tim W Lawyer
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    It's not a question of consent.
    The law applies to you by virtue of your physical presence in the jurisdiction.
    This is not in any sense negotiable.
     
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  8. cuttyshatface

    cuttyshatface Well-Known Member

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    So we are not born free?
     
  9. Tim W

    Tim W Lawyer
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    ...and the long suspected Sovereign Citizen emerges....
     
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  10. cuttyshatface

    cuttyshatface Well-Known Member

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    Deflect my question with an attempted insult. This is not what I expected from this forum.
     
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