Radar WIN: Man spends 60k to get off speeding fine.

Taymaishu · 10-26-2011, 07:26 AM

http://www.smh.com.au/nsw/was-it-149...ce.html?page=1

Harlequin · 10-26-2011, 07:52 AM

That's Whack!

RaihaX · 10-26-2011, 08:01 AM

Crazy indeed saw that this Arvo

130iWanted · 10-26-2011, 08:46 AM

Very nice!

alik01 · 10-26-2011, 10:20 AM

Lawyers, please chime in. Wouldn't this set precedent for all LIDAR fines to be repealed?

Taymaishu · 10-26-2011, 11:02 AM

Quote:

Originally Posted by alik01

Lawyers, please chime in. Wouldn't this set precedent for all LIDAR fines to be repealed?

As the lowest court in Australia, local magistrates courts cannot set precendents.

It is only when a court senior to the one in which a case is being heard has made a previous decision the precendent must be followed. ie: Only must a precedent be followed if a court senior in heirarchy has previously decided so.

In NSW, that is Local -> District -> Supreme for state laws.

Also, if a precedent is set by a senior court, decision previously made by inferior courts cannot be retrospectively appealed unless new evidence is provided.

alik01 · 10-26-2011, 11:04 AM

Quote:

Originally Posted by Taymaishu

As the lowest court in Australia, local magistrates courts cannot set precendents.

It is only when a court senior to the one in which a case is being heard has made a previous decision the precendent must be followed. ie: Only must a precedent be followed if a court senior in heirarchy has previously decided so.

In NSW, that is Local -> District -> Supreme for state laws.

Also, if a precedent is set by a senior court, decision previously made by inferior courts cannot be retrospectively appealed unless new evidence is provided.

Cool thanks.

10-26-2011, 07:26 AM	#1
Taymaishu Banned 145 Rep 3,016 Posts Drives: I love massive black cocks Join Date: Jul 2009 Location: in my ass and around my mouth iTrader: (0) Garage List 2009 125i [5.50]	Radar WIN: Man spends 60k to get off speeding fine. http://www.smh.com.au/nsw/was-it-149...ce.html?page=1
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10-26-2011, 07:52 AM	#2
Harlequin Brigadier General 331 Rep 4,021 Posts Drives: F32 Coupé Join Date: Mar 2011 Location: Brisbane, Australia BMW Club QLD Member iTrader: (5) Garage List 2015 428i M-Sport [8.40] 2012 1M Coupé [9.25] 2011 135i M-Sport [9.14]	That's Whack! __________________
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10-26-2011, 08:01 AM	#3
RaihaX Major General 156 Rep 4,995 Posts Drives: 08' 135i Join Date: Aug 2008 Location: Australia, Perth iTrader: (2)	Crazy indeed saw that this Arvo
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10-26-2011, 08:46 AM	#4
130iWanted Captain Slow 17 Rep 153 Posts Drives: 2016 X3 xDrive20D Join Date: Mar 2011 Location: Sydney, Australia iTrader: (0)	Very nice!
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10-26-2011, 10:20 AM	#5
alik01 Lieutenant Colonel 51 Rep 1,792 Posts Drives: Slowly & Responsibly Join Date: Nov 2009 Location: Darwin, Australia iTrader: (0)	Lawyers, please chime in. Wouldn't this set precedent for all LIDAR fines to be repealed? __________________
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