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NSW Not terribly bright.....

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by hornet, Dec 9, 2011.

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  2. lol classic
     
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  3. "Being an idiot is like riding a bicycle - once you learn how, you never forget."
     
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  4. #4 Tone2, Dec 9, 2011
    Last edited by a moderator: Oct 24, 2015
    ^^ and some have more natural talent than others!
     
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  5. Cabramatta? They forgot to mention he was wearing thongs too.
     
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  6. Wow he got a good swag of fines, they didn't do him for no helmet though.

    What the hell is drive with conveyance?
     
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  7. "Take and drive conveyance".....steal?
     
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  8. To steal you have to intentionally permanently deprive the person of that item. That's very hard to prove with a "stolen car" so there is an offence to allow for this. In the ACT it's called "take motor vehicle without consent" (5yrs, $5k fine).
     
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  9. I think you'll find they did, its just not listed in the news article.
     
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  10. The exact formula given by the High Court in Ilich isn't followed precisely in NSW any longer due to statute, there is no longer a requirement for an intention to permanently deprive in NSW following s118 CA where the Crown can prove a conversion has been committed:
    So basically once the Crown can prove that the accused has 'converted' the property to their own use i.e. committed a conversion (this would easily be proven). They now no longer are required to satisfy this element of the mens rea, namely that the guy may have returned the bike later on and thus had no intention to permanently deprive.

    This would be the section he would have been charged with; s154A:

    The offence has a maximum penalty of 5 years so he may go away for a fairly long time
     
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  11. So Joe Criminal without a license steals a bike and rides without a helmet and is suddenly a motorcyclist. Brilliant reporting from News Ltd as per usual.
     
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  12. I doubt it's his fault: no doubt "The cops are out to get me!"
     
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  13. Thanks for explaining that guys.

    I love the media. I saw a police chase on the news today where the cops clearly rammed the car into a ditch and they reported it as "the car struck a police car". It's like saying he fell and landing on the broken beer bottle I was holding at the time.
     
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