Tuesday, 26 June 2012

Comedy or Tragedy?

Oh...

Dear...

GOD!

I have just signed up to participate in the Young Lawyers Golden Gavel competition. As a stand-up comic.

If you are coming along, feel free to take guesses at which one is me. It shouldn't be too hard to guess, but I ask that you not comment (at least not publicly) if you think you know which one. Email me at miscellaneous.lawyer1@gmail.com if you think you have it.

Even if not, let me know how you think it went as an event! It is on at the Rob Roy Hotel at 106 Halifax Street, on Friday 13 July 2012 from 5.30. Free registration and cheap drinks!

What happens if you have been in prison and are later found not-guilty?

This is something that has bugged me for a while. What happens if you are in remand for a significant period of time, and are later found not-guilty? Or if prosecution withdraw the charges?

The issue is discussed HERE, and a lot of the comments seem to be blaming everyone from the government, to the solicitors, to the judges. One commenter even suggested that they wouldn't be arrested if they were innocent!

There are really very few options. If you can show that the police should NOT have locked you up, you might have a civil-law case for false-imprisonment, but other than that, there isn't much you can do.

Any suggestions to fix this? Forward them to the attorney-general, the government, the opposition, and the commissioner for police. Maybe someone will actually get something useful done.

Dissatisfied and bitter? Me?

Thursday, 14 June 2012

Aggravated Possesesing

As I am sure you will be aware, most offences can be either basic or aggravated. My favorite aggravated offence is that of aggravated possession, (usually of a firearm.)

I am trying to imagine how that would go: Police burst into your home and find you holding on to a firearm with every last bit of strength, yelling and screaming "I'VE GOT YOU NOW!" Alternatively, do they find you holding a wad of cash up against a wall, threatening to possess it? The notes struggling to get away, but being overpowered by a boorish bloke wearing a wife-beater.

And what do police yell? "STOP POSSESSING, YOU'RE POSSESSING!"

There are lots of aggravating factors, one of which is often that an offence is committed in company. Imagine that, two people sitting in a shed, both holding on to a stolen chicken... BAM aggravated possession! Alternatively, they have gone halves on purchasing it, but they are aggravated possessors! The charge: aggravated unlawful possession of a chicken aggravated by being in company.