Walrus 7
It's clear that you really don't know what you are talking about.
Please read my earlier post on 14 August about the real details.
The Magistrate did not dismiss the 3 charges as you persistently claim.
The defendant pleaded guilty to the 3 charges ie he admitted that he committed the offences. That is black and white. The charges were therfore proven.
What the Magistrate did was then not proceed to convict the person under section 19B of the Crimes Act upon the defendant entering a good behaviour bond. Courts don't impose good behaviour bonds on innocent people!
Funny that if you know so much you don't even know what the other charges were:
There were some other charges involved in the incident, including something about a maintenance release not being signed, or not signed correctly. I was told but really don't remember the details right now.
I don't think you know very much about the matter at all - just like to throw mud.
As for a de-identified story appearing in the AOPA magazine - whoopee - we know how very objective AOPA is in reporting facts. Remember the world was going to come to an end with strict liability according to AOPA. They also don't know what they don't know...it's a pity poor souls like you actually take notice of what they say. I have yet to see a factual story about CASA in the AOPA magazine.
Just for your edification, here is section 19B of the Crimes Act Act again - perhaps you can show me where it empowers a Magistrate to 'dismiss" the charges (as you allege) in the circumstances set out in that section and which applied in this case.
As for your senior DPP solicitor - he must be living on a different planet if he doesn't know that there is nothing unusual about section 19B Orders - and they have nothing to do with Victorian law by the way - this is a Commonwealth law that we are dealing with.
Just stick to facts rather that misrepresenting the truth:
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.
.