CASA Loses Again

[clapton]

Walrus 7

Well it ain't pending anymore. The courts threw it out,

As Creampuff put it so well:

This one smells like an embellished, third-hand account of half a story

Come on Walrus 7 if you know all the details of this case why not post them.

Perhaps it's because your account is exactly what Creampuff suspected -"an embellished, third-hand account of half a story".

The fact is that the Court did NOT throw it out at all as you allege.

What happened ws that the defendant was charged with 11 offences. Most related to maintenace issues - but also included a VCA and a breach of CAR 301 and a failure to endorese a maintenance release.

Far from the court throwing it out, the defendant pleaded guilty to 3 of the charges - the VCA, the 301 and failure to endorse maintenance release.

As a result of the defendant pleading guilty to 3 of the charges the DPP dropped the other 8 charges - nothing unusual about that - and it is entirely a matter for the DPP.

So the defendant was found guilty of the 3 charges but the court discharged the defendant under section 19B of the Crimes Act (C’lth) without proceeding to conviction upon the defendant entering a good behaviour bond. And the Magistrate made it clear that the offences were NOT trivial and believed that there should be higher penalties for some of the offences.

It seems clear that some of the posters on this thread have little idea of what they are talking about or simply like to distort the truth for their own motives. It’s no wonder they are reluctant to post proper factual information = can’t let the facts get in the way of a good story……….

For those interested, here are the relevant parts of section 19B

19B Discharge of offenders without proceeding to conviction
(1) Where:
(a) a person is charged before a court with a federal offence or federal offences; and
(b) the court is satisfied, in respect of that charge or more than one of those charges, that the charge is proved, but is of the opinion, having regard to:
(i) the character, antecedents, age, health or mental condition of the person;
(ii) the extent (if any) to which the offence is of a trivial nature; or
(iii) the extent (if any) to which the offence was committed under extenuating circumstances;
that it is inexpedient to inflict any punishment, or to inflict any punishment other than a nominal punishment, or that it is expedient to release the offender on probation;
the court may, by order:

(d) discharge the person, without proceeding to conviction in respect of any charge referred to in paragraph (c), upon his or her giving security, with or without sureties, by recognizance or otherwise, to the satisfaction of the court, that he or she will comply with the following conditions:
(i) that he or she will be of good behaviour for such period, not exceeding 3 years, as the court specifies in the order;
(ii) that he or she will make such reparation or restitution, or pay such compensation, in respect of the offence or offences concerned (if any), or pay such costs in respect of his or her prosecution for the offence or offences concerned (if any), as the court specifies in the order (being reparation, restitution, compensation or costs that the court is empowered to require the person to make or pay):
(A) on or before a date specified in the order; or
(B) in the case of reparation or restitution by way of money payment or in the case of the payment of compensation or an amount of costs—by specified instalments as provided in the order; and
(iii) that he or she will, during a period, not exceeding 2 years, that is specified in the order in accordance with subparagraph (i), comply with such other conditions (if any) as the court thinks fit to specify in the order, which conditions may include the condition that the person will, during the period so specified, be subject to the supervision of a probation officer appointed in accordance with the order and obey all reasonable directions of a probation officer so appointed.