I've been in Australia for years, and I've seen all kinds of people, and I've seen a variety of cases. A party, a friend of Australia's criminal law, the opening said: "Don't break the law in Australia. Don't do things outside."
In fact, many people have the impression of the law of law in Australia, feeling in a white country, no matter the big thing, the law only, not the human being. In recent years, the media has also often taken some of the title party to attract attention, and gradually, it is felt that the Australian law is an extremely impersonal ice-cooling system.
It's not what it is.
When it comes to the law and the situation, it has to be remembered that an American juge was on the Internet in recent years. The circumstances of the case are all about to let the audience go to the hearts of the people, clap their hands.
(U. S. Redge Frank Caprio)
In fact, Australia and the United States, like the United States, are in common with the common law system, and it is popular to tell whether or not it is guilty according to the public order of people's daily life and in combination with the rules of the time. The Australian courts have a number of levels, generally dealing with a civil dispute with a small amount of small ($100,000), not a major traffic violation and a criminal case, which is dealt with by the local courts, namely the Local Court, and is also the most accessible court of the population. In fact, judger is in the punishment, and is not completely as complete as everyone's stereotype, do not do the work, do not speak the face.
The aim of law is not to punish but to educate. In Australia's court, there is one side of the human nature.
On the first few days, the Andrilawer line also received a similar mandate. The client, we call her a little G.
Small G is a Chinese in Australia, driving without a license, driving without a license, and by local court in 2013, the driver's license was revoked for 15 years. In other words, before 2028, he was unable to obtain a driver's license. After the driver's driver's license was revoked and the education of the court was accepted, the G-G turned to the right, driving a courier company, driving by the mother, and sending the goods to maintain the livelihood.
Unexpectedly, last year's G's mother was examined for cancer and died at the beginning of this year. The disaster was not a single line, and no mother helped drive, and the job of the small G was in trouble. Small G, at the time of the road, found our lawer line for help.
There is little similar case before, and we, lawer, have communicated and analyzed the life, economic factors, and decision-reference method, ROAD TRANSPORT ACT 2013-SECTION 221B, following the post-2013 situation of the small G, and filed an application to the court requesting that the court reduce the remaining nine years of the licence period.
Even if there is a law, there is a big difficulty in the case: the first is that the jaudge in australia has the habit of following the case, and such applications are rare, and the second is to reduce the former juge's punishment, and there must be a reasonable reason. More importantly, the public interest is one of the most important factors for juge, which is a serious threat to public safety, both for driving and driving without a license.
In addition to the mature application of the law, we, in addition to the mature application of the law, set out, in the application, a small G-real situation for JUDGE: a week's income of about $1400 for a small G company, and a $800 salary payout if the driver is re-employed, while the small G house and the car need to pay the loan, Such a small G would not be able to sustain a livelihood at all, and at the same time, we, lawer, have submitted evidence of compliance with the law and without any adverse record within 6 years of the small G.
JUDGE's in-depth discussion with the lawmaker, after receiving the application, has repeatedly verified the small G's situation, and JUDGE believes that the small G's driver's license has an important impact on the life after it, and that no driver's license is equivalent to breaking his livelihood. With the evidence submitted by lawer, it is also accepted that the small G has indeed been in pain, and it will not cause threat once again for public safety, and the demand for the rest of the license period is legal, and it is also reasonable. The final juge decided that we'd win, and after the G-G passed the driver's license test, we could get back on the road again.
In fact, there are many similar cases, in Australia's law system, there is a human side. This sentiment is different from our traditional meaning-standing at the commanding point of "open side", but outside law, an Australian spirit of innate protection of vulnerable groups and respect for single personality.
Since the law of law is not pre-determined, it can only be developed after the case has been produced. In the face of the new case, juge considered the situation to be reasonable, fair, and not with other law conflict, juge would be able to make a decision. This is also the case of the common law of the australian common law, which is built up by the court case, and finally led by the government to be law.
Finally, if you have any law problems, remember to contact Andamer line, and our professional lawmaker will tell you how to do it and actively maintain your rights and interests. If you think this article is good, remember to forward and point, and pay attention to the "Accuuro Amun" lawer to the public, and come to Australia with us to learn about the law in Australia.
Author: Acuro Legal Andrilawer line