Because Justice is Not Currently ‘Equal’, Not By Any Means.

 

It is, ‘all of us’

‘Not’

 ‘us’

&

‘them’

#equaljustice

Needed now

Because justice is not currently ‘equal’, not by any means.

Let us ponder on, summary offences.

Police issued Infringement notices when one ‘does’ breach a law; are convenient overall. However, should the occasion arise, where the defendant alleges an ‘innocence’ to the charge on an infringement notice, it will become a financial nightmare to ‘challenge’. Because the time spent disproving the elements of the charge, will attribute to an exorbitant cost in preparing legal argument. These legal costings will by far exceed the few hundred odd dollars $, the price of almost any infringement notice issued.  

The Police despise anyone who dares to challenge an on the spot fine, they do not simply offer a full and honest disclosure to the defendant, it generally takes over six months. Other local police may harass the defendant in a small town, this is very scary and all too common. Then the defendant can be prejudiced by incomplete, delayed disclosure. This is in -reality- ‘non-disclosure’. Police witnesses – and documentation are only available to police so, the Police Charge sheet- is creatively themed after a series of ‘de-briefings’, lil’ meetups, several may take place, so the police decide what they will or will NOT disclose regarding an alleged incidence. An enormous amount of police time is spent making sure the evidence will fit a summary charge, whenever a summary offence is challenged, instead of time spent solving serious crime.

Furthermore, any defendant knows he/she may lose, and will have to pay legal and court costs. Even if the defendant wins, they still lose; because of stress, as they dared to challenge the law. The law industry, will consider any challenger unreasonable too, because – everyone ‘just’ pays infringement notices.

In fact, Australian Families, are known to budget in any ‘future expectancy’ such as,- speeding tickets are simply factored into their financial budget. Much like ‘out-of-blue’ car sagas are.

To do otherwise- is a waste of both money and precious time.

It is unreasonable to challenge the law.

The reasonable man, on the ‘Clapham Omnibus’ will simply seek a State Penalty Enforcement known as (SPER)- and make part payments for the infringement notice, if he/she cannot afford it, even when innocent; but why?

The SPER process is where an injustice lies, because this is an extra financial cost for the ‘poor’ in our society. Those who can afford to pay a few hundred dollars will simply pay the entire infringement, in one hit. Those who cannot pay the infringement notice incur a SPER charge. Therefore, the ‘poor’ in society are financially punished unequally, in comparison with those who can afford to pay without the addition of a SPER fee.  Because a SPER delay in payment is no ‘actual’ help with a huge extra fee attached, it is a government revenue machine -which in-effect operates off the backs of the ‘poor and vulnerable’ in our society. In reality those who are ‘poor’ will just simply have to pay more for their infringement than those mainstream Australian’s. In the name of justice when the ‘poor’ are already firmly positioned behind the eight-ball, how can the ‘poor’ afford; let alone consider,- a possibility of defending their innocence legally? 

These attitudes are unacceptable, because they deny due process and desensitize the community to their right to attain ‘equal justice’.

There is a massive vast chasm of injustice in the Murri Court, which basically works on the good nature of indigenous Australians. It is a ‘guilty only’ court. How very mean to slap charges on First Nation’s People, whereby the defendants are simply going to plead guilty, even if the charge/s is incorrect, or a warning would have sufficed-

What happened to ‘due process’ and ‘procedural fairness’ ? This practice is unconstitutional, and there is often a complete breach of the separation of powers involved.

Why does a court prevent, – ‘equal justice’ by creating a criminal record, for a minority group- our First Nation’s People, even if these crimes are unrecorded, – people can feel shamed to the core, to have had a legal encounter.  We need to counteract this injustice now, by putting ‘new respect’ protocol in place,- to uplift mental well-being and prevent suicide. 

In 2016, only 3 % of our population are actually indigenous. It is by no means ‘equal justice’ when we consider, the current Aboriginal incarceration rate is an alarming 27% of all prisoners in Australia. [1] 

This is No WAY, for our government to treat an honest and proud people. 

 It is high-time people realised- the incarceration rates are ‘not’ due to First Nation People’s, committing more crime, they are in prison because they simply accept false charges.

This is not only true with First People’s mobs; police harassment is normalized in many vulnerable groups, in certain communities and suburban pockets throughout Australia.  

We demand ‘Equal Justice’ for all Australians, right here, right now

please see below-  

[1] C/o Creative Spirit –

c/o ( 31/3/17)Creative Spirit [retrieved from] https://www.creativespirits.info/aboriginalculture/law/aboriginal-prison-rates

 

[2] Kind  C/o (31/03/17)  The Indigenous population (AIHW) – Australian Institute of Health and …[retreived from] www.aihw.gov.au/indigenous-observatory/reports/health-and…/indigenous-population/

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