New anti-hooning laws sees 40 cars a day taken off Queensland roads - Page 2

Maka · 23-12-2013, 05:56 PM

You may well be right jpd, certain drivers deserve what they get, but SA has gone through a challenge & ruled in favour of the driver -

http://www.abc.net.au/news/2012-10-1...tional/4319234

Heres another link -

http://www.adelaidenow.com.au/news/s...-1226498265730

Very interesting subject anyway!

cheers, Maka

Nikked · 23-12-2013, 06:00 PM

This just has scapegoat all over it.

Clamp down hard on hoons, yet, you a have repeat offenders for other offences getting off lightly.

Trump · 23-12-2013, 06:39 PM

Quote:

Originally Posted by jpd80

Yeah fancy that, governments enact legislation, it becomes law that people have to obey,
police are duty bound to enforce it, people break it and courts are compelled to punish via prescribed penalties..

I think the Qld government and police are waiting for the first silk to try his luck, no one seems eager to make a case of it....

One of the basic tenets of common law (which govco claims is the basis for all legislation) is that a law can't be broken to enforce another law. Having already declared that taking one's property without permission is theft and punishable under common law, then enacting forfeiture legislation is unlawful as it violates said common law relating to theft.

xxx000 · 23-12-2013, 07:02 PM

Quote:

Originally Posted by Loud_Noises

One of the basic tenets of common law (which govco claims is the basis for all legislation) is that a law can't be broken to enforce another law. Having already declared that taking one's property without permission is theft and punishable under common law, then enacting forfeiture legislation is unlawful as it violates said common law relating to theft.

so therefore police have to find a legal parking place when they are called to a hold up alarm or shooting?

Maka · 23-12-2013, 07:13 PM

Quote:

Originally Posted by xxx000

so therefore police have to find a legal parking place when they are called to a hold up alarm or shooting?

Yeah a legal parking spot is a human right!

cheers, Maka

Trump · 23-12-2013, 07:24 PM

Quote:

Originally Posted by xxx000

so therefore police have to find a legal parking place when they are called to a hold up alarm or shooting?

Does the term "common sense" mean anything to you?

Common sense does not seem to apply when it comes to the crusade against "hooning", nor does general morality...

xxx000 · 23-12-2013, 07:44 PM

Quote:

Originally Posted by Loud_Noises

Does the term "common sense" mean anything to you?

Common sense does not seem to apply when it comes to the crusade against "hooning", nor does general morality...

you made the statement

Quote:

a law can't be broken to enforce another law

so please answer my question properly

Blue Roo · 23-12-2013, 09:53 PM

Quote:

Originally Posted by xxx000

you made the statement so please answer my question properly

He just did.

BHDOGS · 23-12-2013, 10:57 PM

humans have to many rights thats why the countrys in such a **** state to begin with every ********** being let out all the time to repeat offend.

superyob · 23-12-2013, 11:31 PM

Quote:

Originally Posted by Loud_Noises

One of the basic tenets of common law (which govco claims is the basis for all legislation) is that a law can't be broken to enforce another law. Having already declared that taking one's property without permission is theft and punishable under common law, then enacting forfeiture legislation is unlawful as it violates said common law relating to theft.

Common law is not the only basis for our legal system...

superyob · 23-12-2013, 11:34 PM

Quote:

Originally Posted by Loud_Noises

Does the term "common sense" mean anything to you?

Common sense does not seem to apply when it comes to the crusade against "hooning", nor does general morality...

You made the claim. You have not answered the question posed to you. Common sense is not a lawful basis for making a legal judgment...

Trump · 24-12-2013, 12:06 AM

Common law (with the resultant case law derived from application of common law) is the core of the legal system, with everything stemming from it. Whilst it may not be the only basis of the legal system (quite erroneously in my opinion), statute law is rendered null and void if it violates any of the other legislative instruments (statute, case or common law), especially when such a law legitimises grand larceny via the color of law.

So if the police were to be following the letter of the law, they would have to find a way to lawfully park their cars whilst conducting their duties within the scope of the law.