on 16-08-2013 06:17 PM
In your opinion, should this presumption be reversed in Australia?
If not universally, are there some instances where this may be beneficial or desirable?
on 16-08-2013 08:46 PM
make that colour in her cheeks ....
on 16-08-2013 08:59 PM
@am*3 wrote:I don't see any reason why it should be revoked/reversed in Australia.
There would be no need for judges/barristers/court cases would there if every person charged by the police was presumed to be guilty? Maybe a judge, the guilty one could go to court and the judge would tell them what their sentence is.
????????
Innocent until PROVEN guilty... or guilty until PROVEN innocent.
on 16-08-2013 09:02 PM
@rabbitearbandicoot wrote:Would it be rude of me to ask how the OH is doing?No, certainly not, and thank you for asking. She is still in hospital - in Repatriation - learning how to walk again, getting in and out of bed, transferring from bed to wheel-chair etc etc. It's a slow old process but she is getting there. She has started to worry about grooming, haircuts, jewellery etc so that is a good indication and she is also looking much better - cooler in her cheeks. They are talking about sending her home for a day, for a trial run. They are also working on her speech ??? WHy, I don't know - so she tear strips off me more eloquently - lol.
that is so good to hear that she is on the mend, and good to see that you still have a sense of humour - you made me laugh a bit.
So how long until you get her home for the day? That's sure a step in the right direction.
on 16-08-2013 09:43 PM
Scottish. law has the option of a third verdict: not proven. In essence it means ' we're pretty sure you dunnit, but the evidence is not quite strong enough to convict you.'
on 16-08-2013 09:56 PM
@crikey*mate wrote:
@am*3 wrote:I don't see any reason why it should be revoked/reversed in Australia.
There would be no need for judges/barristers/court cases would there if every person charged by the police was presumed to be guilty? Maybe a judge, the guilty one could go to court and the judge would tell them what their sentence is.
????????
Innocent until PROVEN guilty... or guilty until PROVEN innocent
Still NO then. Why would you think that would be an option?
on 17-08-2013 09:46 AM
@crikey*mate wrote:????????
Innocent until PROVEN guilty... or guilty until PROVEN innocent.
How do you prove you didnt do something
on 17-08-2013 09:54 AM
No not reversed .
As it is suspension from certain positions once charged until a the matter is decided in a legal manner and depending on the outcome.
Does holding people in custody/giving bail conditions 'pre-court hearing' in a way lean towards guilt ?
on 17-08-2013 10:02 AM
or rather a suspicion of guilt ...on the part of and by those who set those conditions.
on 17-08-2013 10:08 AM
"Innocent Until Proven Guilty"
Actually the term is presumption of innocence, and it makes for an interesting debate when you equate that with another legal term :strict liability.
Example of strict liability
a pharmacist supplied drugs to a patient who presented a forged doctor's prescription, but was convicted even though the House of Lords accepted that the pharmacist was blameless.
A strict liability offences allow for the imposition of criminal liability without the need to prove fault, strict liability offences directly engage and limit the presumption of innocence
nɥºɾ
on 17-08-2013 10:35 AM
Definitely not. This is a basic right of all people. Roxon tried to reverse the onus of proof & where is she & her bill now? ..Gone to oblivion where anything like this deserves to go.