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Topic: Shawny’s concerns about Victorian and Australian Governments  (Read 3704 times) previous topic - next topic
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Re: Shawny’s concerns about Victorian and Australian Governments

Reply #45
It's not that black and white, the law takes into account cause, so if the home owner contributes to injury even for someone there illegally they can be liable. These cases are usually settled long before any formal ruling, nobody in their right mind will risk their house for a punitive amount and lawyers know it.

Crooks want cash not a cellmate.

That’s garbage LP.  My late brother specialised in representing crooks - the same people he used to arrest when he was a copper.  He would often speak of “in pari delicto” - a wrongdoer is barred from seeking damages arising from their own illegal activity.

No such case could ever be settled because it could never be made.

"Negative waves are not helpful. Try saying something righteous and hopeful instead." Oddball

Re: Shawny’s concerns about Victorian and Australian Governments

Reply #46
We are discussing two different things, you are talking about post criminal convictions, I'm talking about being sued long before or in the absence of any criminal conviction. Nobody given the sensible advice would take a civil case to court risking 30K+ in legal fees if the alternative was to settle for $10k.

If you want to see the same mechanism at play study Workcover, or study how the CCCP leverages people into become spies, it's all about risk management. Why do you think companies settle or people relent, because the risk on the other side of the equation is too great.

You'd be a dead set dud if you legally advised someone to risk $30K, $50k or there house to save $10k, and it is in that margin that blokes like Lennon worked because they can. I suppose if you have cash to burn you can stand the high moral ground.
"Extremists on either side will always meet in the Middle!"

Re: Shawny’s concerns about Victorian and Australian Governments

Reply #47
We are discussing two different things, you are talking about post criminal convictions, I'm talking about being sued long before or in the absence of any criminal conviction. Nobody given the sensible advice would take a civil case to court risking 30K+ in legal fees if the alternative was to settle for $10k.

If you want to see the same mechanism at play study Workcover, or study how the CCCP leverages people into become spies, it's all about risk management. Why do you think companies settle or people relent, because the risk on the other side of the equation is too great.

You'd be a dead set dud if you legally advised someone to risk $30K, $50k or there house to save $10k, and it is in that margin that blokes like Lennon worked because they can. I suppose if you have cash to burn you can stand the high moral ground.

You cannot sue for injuries suffered while committing a crime EOS.

If you managed to get the case to court, it would be laughed out by the judge and/or jury.

“Just how did you injure your leg Mr Smith?”

“I was kicking in the door so we could do a burg yer honour.”
"Negative waves are not helpful. Try saying something righteous and hopeful instead." Oddball

Re: Shawny’s concerns about Victorian and Australian Governments

Reply #48
We are discussing two different things, you are talking about post criminal convictions, I'm talking about being sued long before or in the absence of any criminal conviction. Nobody given the sensible advice would take a civil case to court risking 30K+ in legal fees if the alternative was to settle for $10k.

If you want to see the same mechanism at play study Workcover, or study how the CCCP leverages people into become spies, it's all about risk management. Why do you think companies settle or people relent, because the risk on the other side of the equation is too great.

You'd be a dead set dud if you legally advised someone to risk $30K, $50k or there house to save $10k, and it is in that margin that blokes like Lennon worked because they can. I suppose if you have cash to burn you can stand the high moral ground.

You cannot sue for injuries suffered while committing a crime EOS.

If you managed to get the case to court, it would be laughed out by the judge and/or jury.

“Just how did you injure your leg Mr Smith?”

“I was kicking in the door so we could do a burg yer honour.”

In Australia, correct.
A lot different overseas

Re: Shawny’s concerns about Victorian and Australian Governments

Reply #49
You cannot sue for injuries suffered while committing a crime EOS.

If you managed to get the case to court, it would be laughed out by the judge and/or jury.

“Just how did you injure your leg Mr Smith?”

“I was kicking in the door so we could do a burg yer honour.”
You haven't committed a crime until you are found guilty, at least here in Australia.

When there is a settlement there is no jury, no judge and not many questions, it all happens across a desk.

My recommendation is you have a long long calm chat with legal aid before you jump at a defence.
"Extremists on either side will always meet in the Middle!"

Re: Shawny’s concerns about Victorian and Australian Governments

Reply #50
You cannot sue for injuries suffered while committing a crime EOS.

If you managed to get the case to court, it would be laughed out by the judge and/or jury.

“Just how did you injure your leg Mr Smith?”

“I was kicking in the door so we could do a burg yer honour.”
You haven't committed a crime until you are found guilty, at least here in Australia.

When there is a settlement there is no jury, no judge and not many questions, it all happens across a desk.

My recommendation is you have a long long calm chat with legal aid before you jump at a defence.

No lawyer would seek a settlement or advise their client to agree to a settlement for a damages claim arising from a criminal act.

What are our crime statistics based on?  Incidents reported to police, not convictions.

A trespasser may sue if they were harmed by a man-trap, but with little chance of success.  The law is very clear, there is no duty of care owed to a trespasser regardless of whether that trespasser is ever convicted of a crime.

"Negative waves are not helpful. Try saying something righteous and hopeful instead." Oddball


Re: Shawny’s concerns about Victorian and Australian Governments

Reply #52
It is funny that the two States with the highest crime rates aren't getting the same attention as third placed Victoria ... not that I think all Governments couldn't do more.

Victoria is mainly suffering at the hands of under 6,000 crooks and you'd think that the police, courts and politicians could come up with a more effective way of curtailing their illegal activities.
"Negative waves are not helpful. Try saying something righteous and hopeful instead." Oddball

Re: Shawny’s concerns about Victorian and Australian Governments

Reply #53

Victoria is mainly suffering at the hands of under 6,000 crooks and you'd think that the police, courts and politicians could come up with a more effective way of curtailing their illegal activities.

Easy solution….. order more machette bins.

Re: Shawny’s concerns about Victorian and Australian Governments

Reply #54
Thought this was kind of funny, and shows why all statistics regarding crime probably need to be handled with a bit of caution. They're not always equal. :D  :D

Quote
The most common principal offences for police proceedings were:

fare evasion in New South Wales (26%)
acts intended to cause injury in the Australian Capital Territory (29%), the Northern Territory (27%), and Victoria (22%)
illicit drug offences in South Australia (25%)
theft in Tasmania (24%), and Queensland (20%).


Re: Shawny’s concerns about Victorian and Australian Governments

Reply #56
But Jacinta and her cronies say everything is fine.
2021-Pi$$ or get off the pot
2022- Real Deal or more of the same? 0.6%
2023- "Raise the Standard" - M. Voss Another year wasted Bar Set
2024-Back to the drawing boardNo excuses, its time
2025-Carlton can win the 2025 AFL Premiership

Re: Shawny’s concerns about Victorian and Australian Governments

Reply #57
What a ******g sick joke....machete bins at what, $1M each.  Impossible to justify
DrE is no more... you ok with that harmonica man?

Re: Shawny’s concerns about Victorian and Australian Governments

Reply #58
Or ~$2,400 each. It is not dividing the cost of the whole program by the number of bins.  Not that the idea is a great one.

Re: Shawny’s concerns about Victorian and Australian Governments

Reply #59
Machete amnesty bins cost $2,400 each.  The budget for the whole program - bins, advertising, collection, recycling, etc - is $13M, and there are 45 bins.

I was unhappy with little Johny Howard’s firearms ban - I lost my semi-auto .22 and 12 gauge - but I have to admit now that it was good public policy.
"Negative waves are not helpful. Try saying something righteous and hopeful instead." Oddball