The Forum > General Discussion > Is 'mental illness' too often the excuse?
Is 'mental illness' too often the excuse?
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& those who have been or are on their way to being brainwashed.
OSW: that the accused was insane at the time he committed the act, on the lesser burden of proof, that is; 'on the balance of probabilities'
& The Magistrate doesn't want his ruling to be challenged so he gives in to the Criminal & we have another Mentally Ill person on the streets free to continue breaking the Law as they so want.
Ok, so the Rule is good to a point. The massive list of interpretations need to be looked at in great detail because those Precedence's associated with it have become squed (corrupted) over 184 years. Would you agree with that? In fact, I believe that the use of Precedence's is pure laziness on the part of Magistrates. The, "I'm too important to be bothered making my own Judgement, just give me the money."
Besides, a week or so before a Trial the Judge & the Barristers get together & decide which Precedence's to use. The Court Day is a farce to make it look good & the prior meeting saves time on the Court Day. It looks good for the people on Trial & the Public. (Information coming from an ex Magistrate Who was very pissed at a Vietnam Veterans Meeting at the time) I had to drive him home. He also said that's where they decide if the person Charged is going down, or not. How hard the Defendant Lawyer & the Prosecutor fight for their Case in the eyes of the Public. (Politics) That's why these big High Flyers get off lightly. (Bond)
Do the Precedence's need to be made Null & Void as they did with the Precedence's in the Family Law Courts in the 70's. (I was the first Case tried under the new Precedence Rules, also, I was the first Divorce under the new Divorce Laws in Australia.)