Guilty Until Proven Innocent
Today The Victorian Government has announced new on-the-spot fines for people found to have knives in there possession
To me this is quite concerning as there are quite a lot of legitimate needs to have a knife like Hunters / Farmers / Tradies / Ambo’s are these people guilty as well?? well Apparently so with how it has been reported.
I also think it is quite worrying to have the Premier come out saying “Guilty till proven Innocent” In my opinion it sets, what could be quite a bad precedent. what would happen if they start to take this stance with other laws……
Anyone aged over 16 found carrying a knife will be hit with a $1000 on-the-spot fine under a crackdown on knife-related violence announced by Premier John Brumby.
The amount will double if a person is found carrying a knife on licensed premises. The penalties will be the largest on-the-spot fines issued in Victoria.
Mr Brumby said $1000 was reasonable for a first offence. ”I believe this will be a major deterrent to those who would want to carry a knife when they come into our city, or those who would want to carry a knife into a licensed premises,” he said.
The proposed law reverses the onus of proof to ”guilty until proven innocent”, he said. The measure is one of three knife-related legislative changes announced yesterday.
Liberty Victoria president Michael Pearce, SC, slammed the changes, saying they made it ”difficult to avoid the conclusion that we are slipping into a police state”.
Opposition Leader Ted Baillieu accused the Premier of pilfering Coalition policies on knives and called for the inclusion of mandatory reporting by hospitals of stabbings.
Police will also get new powers to immediately search public areas where they know or hold reasonable suspicion that knives have been carried, subject to an assistant commissioner giving the go-ahead. The previous requirement for seven days’ notice has been scrapped.
It will also become an offence for anyone under the age of 18 to buy a knife or a controlled weapon, such as a sword.
More at The Age Web Site
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I hope this is just badly reported.
My understanding was that if you were hunting, a tradesman on site, etc etc where a knife was a legitimate requirement that you were ok. However, you would have to be careful, such as not wearing your Croc Dundee special when walking into the servo to fill up with fuel.
As for guilty till proven innocent … I think that is poorly worded (by them) but I know what they mean…
If you are in a nightclub I can’t see any reason to legitimately carry a knife … enough drink and a fight and it has a real chance of being used. If the law says “you can’t carry a knife” then they are guilty if caught with one …. not of doing a knife related crime, but of carrying an illegal weapon.
That’s how I believe things are unfolding.
I agree with a crack down on knives in the hands of teens who think it is cool, or whatever, knives at schools etc.
My concern, however, will be if the police don’t exercise common sense. For instance, if you do walk into that servo on your way back from hunting and have forgotten to remove your knife, then you are not a criminal. Unfortunate, common sense often does not come into play and some police will see it as a reason to nab you regardless (e.g. the guy a few years ago in Qld who was arrested for having a handcuff keyring – useless toy but on a technicality was illegal so they prosecuted him).