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Criminals (??) Okay to do Runner?

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  • Criminals (??) Okay to do Runner?

    Criminals OK to do runner from cops
    Paul Tatnell From: Herald Sun April 14, 2011 10:00PM

    CRIMINALS have been given the green light to run from police in a decision that has stunned the force.
    A magistrate found that a drunk who sparked a police chase through city streets did not resist police.
    The lawyer who helped beat the charges said the landmark ruling - which makes it clear suspected criminals cannot be punished for running from police - could now make the police's job of arresting suspects even harder.
    The Police Association fears the decision will encourage more criminals to try to escape arrest, putting the safety of the public at risk.
    Sydney man Andrew Hamilton ran from a Taco Bill restaurant in March last year after an argument about an unpaid $136 bill.
    When approached by police, Mr Hamilton, 24, ran from the Collins St store and was chased on foot and in a squad car.
    Ignoring police sirens and calls for him to stop, Mr Hamilton - who was later cleared of responsibility for the restaurant bill - was eventually arrested near Flinders St station more than 500m away.
    He was charged with resisting police, but could not be immediately interviewed because he was too drunk.
    In a ruling in Melbourne Magistrates' Court that is believed to be an Australian first, magistrate Simon Garnett found that Mr Hamilton had a "moral or social duty to stop when requested to do so and assist the police", but was not legally obliged to do so.
    The charge of resisting police was dismissed and Mr Hamilton was awarded costs.
    "After having committed no crime and merely being asked by police to talk to them, I was within my rights to run away," he said.
    "Whilst I can appreciate the challenge that police face in investigating matters when the people they wish to speak to decide to run, there is no legal obligation for someone to remain there if the police have not told them they are under arrest."
    Police Association secretary Greg Davies called for a review of the decision.
    "We would hope that a review of this decision will be sought by the DPP, as this potentially gives the green light to all offenders to flee from police," he said.
    Mr Hamilton's lawyer, Thomas Bevan, relied on cases from Britain and New Zealand. He said the outcome was "surprising" but made sense.
    "The ruling is clear in that if you haven't been arrested then you don't have to stop," he said.
    Taco Bill manager, Fonsie Julius, said he received an anonymous cheque for the outstanding $136 bill a week after the incident.
    Criminals OK to do runner from cops | Perth Now
    Feed 'em to the pigs, Errol....

  • #2
    Fundamentally it makes sense. If you aren't under arrest, police have no right to detain you.

    But the salient point is this man had committed no crime, this wouldn't apply if you were spotted doing something silly on the road.
    For LAMS information and resources - http://www.perthstreetbikes.com/foru...thread-156358/
    For LAMS discussion and to ask questions - http://www.perthstreetbikes.com/foru...thread-143289/

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    • #3
      How do you write anonymous cheques?

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      • #4
        maybe a bank or counter cheque?
        For LAMS information and resources - http://www.perthstreetbikes.com/foru...thread-156358/
        For LAMS discussion and to ask questions - http://www.perthstreetbikes.com/foru...thread-143289/

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        • #5
          Originally posted by Barfridge View Post
          Fundamentally it makes sense. If you aren't under arrest, police have no right to detain you.

          But the salient point is this man had committed no crime, this wouldn't apply if you were spotted doing something silly on the road.
          The interesting bit i thought was that the Police would have to tell you that you were under arrest to stop you?

          So does that mean you don't have to stop for a booze bus or pulled over by the Cops unless they advise you somehow that you are under arrest?
          Feed 'em to the pigs, Errol....

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          • #6
            In this case I reckon Id hate for my family to be on the road when a drunken idiot does a runner...same if I was on a bike. Everyone of us on here would be out for blood if one of our members was taken out by a drunk driver.
            Originally posted by Red_is_Best
            hahah I hate it when they do that and you make some noises like you had it done just last year, then they give you that look, like you are a bad vagina owner and you should take better care of it!

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            • #7
              Originally posted by Fastgirl View Post
              In this case I reckon Id hate for my family to be on the road when a drunken idiot does a runner...same if I was on a bike. Everyone of us on here would be out for blood if one of our members was taken out by a drunk driver.
              I agree its stupid, the ramifications of this decision are a lot wider than I think the magistrate understood....
              Feed 'em to the pigs, Errol....

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              • #8
                Interesting.

                FG drunk driving is breaking the law therefore he would have been charged. But he was on foot , the most they could have done him with was drunk and disorderly and thats just a crappy fine.
                A computer once beat me at chess, but it was no match for me at kick boxing.

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                • #9
                  Originally posted by Tic View Post
                  Interesting.

                  FG drunk driving is breaking the law therefore he would have been charged. But he was on foot , the most they could have done him with was drunk and disorderly and thats just a crappy fine.
                  Yer but that isn't the focus of the decision, whilst in this instance the guy was innocent, it is important to note that the magistrate is saying that unless you are advised you are under arrest you don't have to stop, so even if you are guilty until the cops make you aware that you are under arrest you don't have to stop, you can keep going... of course as soon as they make it known to you that you are under arrest... you HAVE to stop.
                  Feed 'em to the pigs, Errol....

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                  • #10
                    it won't apply to vehicles, part of holding your licence is following police instruction or direction at any time.

                    It makes perfect sense on foot, if you haven't done anything or witnessed anything why should you be forced to hang around and possibly be incriminated in something. It's not a green light for criminals it's a green light for free citizens.
                    Do you remember the good old days before the internet?

                    when arguments were only entered into by the physically or intellectually able.

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                    • #11
                      Any one else picturing a "Just handcuff everyone" type approach if this actually turns into a thing?
                      Just note, one magistrates decision on a minor case is hardly going to set a precedent accross the nation.
                      Can you help with foster care?
                      http://www.perthstreetbikes.com/foru...needed-163289/

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                      • #12
                        if you were within the law on the road and were lit up on, would you be obligated to stop?
                        wood for life? wood is life.
                        Originally posted by thro
                        i only squid it when riding pissed.

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                        • #13
                          Originally posted by harns View Post
                          if you were within the law on the road and were lit up on, would you be obligated to stop?
                          Yes, there is a specific duty under the RTA.
                          Originally posted by Melkor
                          The Saint is all over the answer like a Saint on a cupcake.

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                          • #14
                            Persoanlly while driving or riding i take my time finding a suitable place to pull over, preferably a side road. Afew times iv had both sirens and lights going with "PULL OVER" being yelled at me.
                            Seen to many youtube videos of rubberneckers taking people out. If i have to withstand a evil glare from a copper to not get run over the so be it.

                            Personaly as a citizen id do what i can to help the police. If it helps them resolve a issue 5 minutes is not a waste in my opinion.
                            A computer once beat me at chess, but it was no match for me at kick boxing.

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                            • #15
                              Originally posted by Tic View Post
                              Personaly as a citizen id do what i can to help the police. If it helps them resolve a issue 5 minutes is not a waste in my opinion.
                              Agreed. Unless I've just robbed a bank, then I gun it.

                              I like the 'moral' but not 'legal' obligation. As much as I agree with standing up for your rights, the trouble with lawsuits like these is that it means some parliamentarian will now draft some legislation that could result in some drunkard being tazered a dozen times because he refused to stop.

                              Thats the one issue I have with english common law, it just keeps building up. One law stacks upon another until you live in a 'Orwellian' state.
                              Whatcha gonna do? Rap is not afraid of you
                              Beat is for Sonny Bono, beat is for Yoko Ono

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