law

What a difference a day makes

And, of course, a smart lawyer.

ABC reports on a case where a girl born on February 29, 2000, should or should not be treated as an adult when committing a crime on February 28, 2018. Quote.

The leap day in the year 2000 has caused a headache for Canberra courts, after a girl born on February 29 of that year was charged with a crime committed exactly 18 calendar years later. Quote.

As there was no February 29 in 2018, the ACT Children’s Court initially found the girl had turned 18 on the day of the crime, and should be dealt with in the adult court system.

But the girl’s lawyers applied for a review, arguing she should not be treated as an adult until March 1, 2018.
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WH is a pale, stale, male who does not believe all the doom and gloom climate nonsense so enjoys generating CO2 that the plants need to grow by driving his MG.

To read my previous articles click on my name in blue.

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Photo Of The Day

Western Americana and Rare Coin experts, Kagin’s, Inc., announced that the firm has authenticated and will be the exclusive seller of a newly discovered photograph featuring several of the Lincoln County Regulators, including legendary gunman, Billy the Kid. The original 4x5 inch tintype not only depicts Billy the Kid, but several members of his gang, The Regulators, playing a leisurely game of croquet alongside friends, family, and lovers in the late summer of 1878. Taken just one month after the tumultuous Lincoln County War came to an end, it is a window into the lives of these gunmen as they were still fighting the injustices of a lawless land. It’s a carefree moment after an important life event - a wedding - which is rich in content, movement and texture. “When we first saw the photograph, we were understandably skeptical - an original Billy the Kid photo is the Holy Grail of Western Americana,” remarked Kagin’s senior numismatist, David McCarthy. “We had to be certain that we could answer and verify where, when, how and why this photograph was taken. Simple resemblance is not enough in a case like this - a team of experts had to be assembled to address each and every detail in the photo to insure that nothing was out of place. “The historical importance of a photograph of Billy the Kid alongside known members of his gang and prominent Lincoln County citizens is incalculable - this is perhaps the single most compelling piece of Western Americana that we have ever seen,” stated Kagin. The Billy the Kid Croquet Match Tintype has been appraised and insured for $5,000,000. Photo: Courtesy of Randy Guijarro.

Taken just one month after the tumultuous Lincoln County War came to an end, it is a window into the lives of these gunmen as they were still fighting the injustices of a lawless land. It’s a carefree moment after an important life event – a wedding. Photo: Courtesy of Randy Guijarro.

Billy the Kid

Billy the Kid, lived a brief and violent life, stealing and killing before his death in a gunfight aged 21. He lived with a gun in his hand – and sometimes, it seems, a croquet mallet.

In a surprising historical twist, the second photo of Billy the Kid ever to be authenticated shows him and his posse, the Regulators, playing the sport in New Mexico in 1878.

The faded image was among a pile of photos inside a cardboard box at a junk shop in Fresno, California, unearthed by a collector in 2010. Randy Guijarro paid US $2 for the image, which is now estimated to be worth millions of dollars. The only other confirmed photo of Billy the Kid, from 1880, sold for $2.3m (£1.5m) in 2011.

The photo was authenticated by a San Francisco-based Americana company, Kagin’s, which identified Billy the Kid along with several members of the Regulators, as well as friends and family. It was taken after a wedding in the summer of 1878, just a month after the gang took part in the brutal Lincoln County war.

When the photo was first brought to the company, its experts were “understandably sceptical”, said David McCarthy from Kagin’s. “An original Billy the Kid photo is the holy grail of Western Americana.

“We had to be certain that we could answer and verify where, when, how and why this photograph was taken. Simple resemblance is not enough in a case like this – a team of experts had to be assembled to address each and every detail in the photo to ensure that nothing was out of place.”

The team spent a year investigating the photo, and even found the location where it was taken, in Chaves County, New Mexico. There they unearthed the remains of the building shown. “We found the old lumber underneath,” said Jeff Aiello, director of a National Geographic “We found those exact rock piers are still there.

The series of photos from the scene left little doubt what game was being played: “It’s clearly croquet. You can see the hoops, the balls, the mallet, the centre peg. They’re all there. It’s a fascinating picture.”

In early October 2015, Kagin’s, Inc., a California-based numismatic authentication firm, determined the image to be authentic. Kagin’s has insured the tintype for $5 million.

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All people are equal but not all cultures are equal

papua-new-guinea-cannibals

papua-new-guinea-cannibals

It is unpopular to say this but not all cultures are equal. All people are equal but if all cultures were equal we would not have the following words in our language.

  • Civilised
  • superior
  • enlightened
  • educated
  • moral
  • barbaric
  • uncivilised
  • bestial
  • perverted
  • deviant
  • uneducated
  • immoral
  • inferior

This equally applies to religions and political ideologies.We should not shy away from criticising cultures,religions or political ideologies  that allow and encourage things that we consider barbaric, uncivilised, perverted and immoral. Politically correct people will want me to use the word different to describe something that promotes acts that my New Zealand culture considers to be perverted, immoral, uncivilised and barbaric.

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If you agree with me that’s nice, but what I really want to achieve is to make you question the status quo, look between the lines and do your own research. Do not be a passive observer in this game we call life.

You can follow me on Gab.ai 

To read my previous articles click on my name in blue.

Enforce the perjury law or ditch it

Detective Senior Sergeant Aaron Pascoe hard at work not prosecuting perjury cases

Detective Senior Sergeant Aaron Pascoe hard at work not prosecuting perjury cases

by Stephen Cook

ENFORCE THE perjury law or scrap it altogether.

That’s the no-nonsense call from Auckland barrister Chris Patterson in the wake of a startling admission from police they’re turning a blind eye to perjury because it’s too difficult a crime to prosecute.

The perjury issue has recently been making headlines following Chris Cairns’ indictment in the United Kingdom in relation to a 2012 UK libel trial over alleged match-fixing.

However, in the past week the debate has shifted to the actual law itself after police here conceded that knowingly giving false testimony under oath was an offence that was rarely prosecuted.

It’s a remarkable admission from police given the offence of perjury – punishable by up to 14 years imprisonment – strikes at the very core of the integrity and confidence we place in our justice system.

The use of perjured testimony not only violates due process, but it can also contribute to wrongful convictions such as that seen in the high-profile Arthur Allan Thomas murder case.

In a police job sheet from June last year obtained this week by Whaleoil, Detective Senior Sergeant Aaron Pascoe, the officer responsible for reviewing all perjury complaints in the Auckland City area, reveals the crime of perjury is not something given much attention by the Crown.

“To give… some context about how Police deal with perjury complaints, and how high the bar is set for prosecutions… two prosecutions have recently been completed to a standard ready to present to the courts and we have not received authority to prosecute,” he said.    Read more »

As much at home writing editorials as being the subject of them, Cam has won awards, including the Canon Media Award for his work on the Len Brown/Bevan Chuang story. When he’s not creating the news, he tends to be in it, with protagonists using the courts, media and social media to deliver financial as well as death threats.

They say that news is something that someone, somewhere, wants kept quiet. Cam Slater doesn’t do quiet and, as a result, he is a polarising, controversial but highly effective journalist who takes no prisoners.

He is fearless in his pursuit of a story.

Love him or loathe him, you can’t ignore him.

To read Cam’s previous articles click on his name in blue.

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Feel like a bit of perjury? Don’t worry you are unlikely to ever be prosecuted

Swearing an oath with fingers crossed behind back concept for dishonesty or business fraud

by Stephen Cook

THE INTEGRITY of the New Zealand justice system is hanging precariously in the balance following a startling admission from police they’re turning a blind eye to perjury because it’s too difficult a crime to prosecute.

Just weeks after former New Zealand cricketer Chris Cairns failed to appear in a London court for a pre-trial hearing on perjury charges stemming from alleged match-fixing, police here have conceded that knowingly giving false testimony under oath is an offence that’s rarely prosecuted.

It’s a quite remarkable admission from police given the offence of perjury – punishable by up to 14 years imprisonment – strikes at the very core of the integrity and confidence we place in our justice system.

The use of perjured testimony not only violates due process, but it can also contribute to wrongful convictions such as that seen in the high-profile Arthur Allan Thomas murder case.

In a police job sheet from June last year obtained this week by Whaleoil, Detective Senior Sergeant Aaron Pascoe, the officer responsible for reviewing all perjury complaints in the Auckland City area, reveals the crime of perjury is not something given much attention by the Crown.    Read more »

As much at home writing editorials as being the subject of them, Cam has won awards, including the Canon Media Award for his work on the Len Brown/Bevan Chuang story. When he’s not creating the news, he tends to be in it, with protagonists using the courts, media and social media to deliver financial as well as death threats.

They say that news is something that someone, somewhere, wants kept quiet. Cam Slater doesn’t do quiet and, as a result, he is a polarising, controversial but highly effective journalist who takes no prisoners.

He is fearless in his pursuit of a story.

Love him or loathe him, you can’t ignore him.

To read Cam’s previous articles click on his name in blue.

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UPDATED: Face of the day

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Asha* and her daughter in the garden in southern India. She is determined not to give in. ARUN JANARDHAN/Indian Express

Today’s face of the day Asha* cannot show her face. She has no status in Indian society without a husband and like another case from 2008 she has been told to marry her rapist under the misogynistic, Islamic law of Sharia. * UPDATE: I assumed this, I cannot confirm that this case was tried under Islamic law like the other case mentioned in the article.

 

Three words, no rape victim ever wants to hear, have thrown a young woman in a remote part of India into turmoil.

Having tried to put the rape of 2008 behind her and to get on with raising the little girl born nine months later, 21-year-old Asha* has been troubled by memories and disturbed by the judge’s shocking suggestion: marry your rapist.

“When the judge took his pen and wrote this, did he think even once of my plight?”, she asked an Indian Express journalist in a video interview in the garden of her one-room home.

The judge in question, Justice P Devadas of the Madras High Court, has been hearing the bail appeal of V Mohan, the man convicted of raping Asha. On June 23 he agreed to the bail request on condition that Mohan try “mediation” with Asha. Mediation in a rape case is aimed at marriage.

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If you agree with me that’s nice, but what I really want to achieve is to make you question the status quo, look between the lines and do your own research. Do not be a passive observer in this game we call life.

You can follow me on Gab.ai 

To read my previous articles click on my name in blue.

The Christchurch ‘ sex ‘ romp, what if it had happened in an Islamic Country?

SCCZEN_C_NZH0556181874_620x311

The Media have been making quite a meal of this encounter between two consenting adults. In a democracy like New Zealand these two have been subjected to humiliation and moral condemnation. It may even affect their employment as the encounter occurred in an office. Len Brown still has his job however so maybe they will be alright. Their main mistake was leaving the lights on. Moral condemnation aside ( the man is married ) they are fortunate to have not been caught doing this in a country under the law of the religion of peace.

Read more »

If you agree with me that’s nice, but what I really want to achieve is to make you question the status quo, look between the lines and do your own research. Do not be a passive observer in this game we call life.

You can follow me on Gab.ai 

To read my previous articles click on my name in blue.

Let’s just totally ignore the High Court’s ruling shall we?

A decision to clear Cameron Slater of Privacy Act breaches could result in all bloggers being exempt from the legislation, the Director of Human Rights Proceedings says.

The director’s lawyer, Simon Judd, told the Human Rights Review Tribunal today there was nothing to distinguish Mr Slater from any other blogger who expressed their opinions on the internet.

-RadioNZ

Nothing? Really? How about a High Court ruling that he is a journalist?

A court’s recognition of WhaleOil blogger Cameron Slater as a journalist reflects the changing media landscape, the Newspaper Publishers’ Association (NPA) says.

Slater has won a High Court nod that he is a journalist and that his blog is a news medium

-Stuff

That is a pretty strong distinction don’t you think?

 But Mr Judd told the tribunal the case could set a precedent and result in every blogger being exempt from the Privacy Act if the charge was not upheld.

-RadioNZ   Read more »

If you agree with me that’s nice, but what I really want to achieve is to make you question the status quo, look between the lines and do your own research. Do not be a passive observer in this game we call life.

You can follow me on Gab.ai 

To read my previous articles click on my name in blue.

Another violent criminal behind bars with a strike on the record

The opposition love criminals, they support them.

Why do I say that, well, it’s easy, they are soft on crime and opposed the three strikes law.

The latest example of scumbag thugs who should be permanently in jail but aren’t has recently played out in the courts.

The Sensible Sentencing trust explains:

A recent Christchurch case reminds us all what a wonderfully effective and discriminating tool the “three strikes” law promoted by Sensible Sentencing Trust, and passed into law in 2010 by the then National – ACT government is proving to be.

After a criminal career comprising 45 previous convictions – nine of them for violence – a Judge has finally put Shane Archbold behind bars for 5 1/2 years, and given him a “three strikes” warning for an aggravated burglary  during which Archold told the victim he was going to “take his eye out” with a tyre iron.

“This guy is an excellent example of why ‘three strikes’ was so sorely needed” said Sensible Sentencing Trust founder Garth McVicar.

“During his 45 conviction criminal career – a quarter of which were for violence – this man has no doubt served a number of prison sentences and been through the revolving door  at the front of the prison that was the criminal justice system. Were it not for three strikes,  at age 36 he could easily have gone on to rack up another 45 convictions, and continued to be let out on parole part way through each pathetic sentence” McVicar said.   Read more »

As much at home writing editorials as being the subject of them, Cam has won awards, including the Canon Media Award for his work on the Len Brown/Bevan Chuang story. When he’s not creating the news, he tends to be in it, with protagonists using the courts, media and social media to deliver financial as well as death threats.

They say that news is something that someone, somewhere, wants kept quiet. Cam Slater doesn’t do quiet and, as a result, he is a polarising, controversial but highly effective journalist who takes no prisoners.

He is fearless in his pursuit of a story.

Love him or loathe him, you can’t ignore him.

To read Cam’s previous articles click on his name in blue.

Face of the day

Today’s face of the day is Alicia Gali, a beautiful Australian woman who accepted a Managerial position in Dubai.

What happened to her was terrible. Sharia law in Muslim countries is applied to Christians and all other infidels. Believe it or not Alicia was imprisoned for the crime of being violently gang raped in the hotel where she worked by fellow employees who had spiked her drink making her unconscious. What makes this story even worse is that her employers trapped her in the country by holding on to her passport and the Australian Embassy did not help her leave either. Unable to leave the country, she was forced by the extreme pain from her broken ribs to go to the local hospital. From there her fate was sealed as they lied to her and in Arabic wrote a ‘ confession of her crimes ‘ that they made her sign.

https://www.youtube.com/watch?v=LUM3pTwp6xY

Read more »

If you agree with me that’s nice, but what I really want to achieve is to make you question the status quo, look between the lines and do your own research. Do not be a passive observer in this game we call life.

You can follow me on Gab.ai 

To read my previous articles click on my name in blue.