my refusal to wear a bicycle helmet

my refusal to wear a bicycle helmet
...is informed

Tuesday, July 12, 2011

Section 10 dismissal & free nutritious necessity tips



When you first start making pastry with your mum, no matter how grey or lumpy your dough is it's always 'so yummy, darling; the very best; my favourite!'...

...but gradually as you bake a little bit more you appreciate that 'hot clammy hands won't do when making mince-pie pastry, dear' & that 'if the over-head ceiling fan isn't off, pet, forget it!!!'

...& so it was today when I got another 'Section 10 dismissal', I mentally made some pretty handy 'baking' notes.

Funtimes...

...the campaign continues!!!

12 comments:

  1. Congratulations! Did your dismissal have any conditions attached?

    Were any comments made about why you weren't punished for breaking the law by not wearing a polystyrene hat?

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  2. Hi Fonant!...no conditions, no fines, no court costs!...apparently, I have a 'good bicycle record' having got to my sweet middle-old-age without any mishaps!!

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  3. Congratulations on a win of sorts. You sound a little deflated though. Court is a long, unhappy and generally stressful experience. We are all incredibly proud of what you are doing. I guess the "trivial" nature of the offence has again been used to prevent your taking the matter to a court which can set a precedent. I would love some details of the comments made in regard to necessity.
    Well done!

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  4. Looking forward to hearing the details, Sue. Well done.

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  5. A victory for common sense.

    And for you.

    Well done.

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  6. Congrats, Sue. Keep at 'em.

    Alan - ". . .to prevent your taking the matter to a court which can set a precedent."

    Bingo!

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  7. Well done Sue!

    it is very probably that you will receive a fine for $64, realting to the Victims Conpensations Act 1996. (yes, I know this is a victimless crime...!)

    Ironically, this is more than the $57 fixed penalty notice issued for the offence originally.

    Getting a Section 10 does not sheild you from this; I note from your link that:
    ______________
    Section 10(4) provides that an order under s 10 has the same effect as a conviction:

    (b) for the purpose of enabling a court to give directions for compensation under Part 4 of the Victims Compensation Act 1996
    ______________

    You can, however appeal the decision; you have exactly the same rights to appeal against a section 10 as against a conviction...

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  8. Everybody! - thanks for your support - good stuff - warms the cockles of my heart!

    Alan, mainly I'm just exhausted - but NEVER deterred!!! - always upwards & onwards!!

    Paul, hoping to have a 'pollie' meeting date for you soon!!
    - will let you know

    kfg, thank you & I certainly will

    Thanks, Edward, always a nerve racking affair but luckily I was in the hands of an extremely professional, courteous & clear magistrate

    chillikebab, mine was a section 10 (1)(a) dismissal - so my 'invisible' conviction is basically spent the minute I walk out of the courtroom - if I get one, I certainly won't pay it and will complain to the AG's department poste haste...

    ...with regards to appealing, I'm not going to this time because I have a little more work to do on my case and would like to implement the knowledge I gleaned from this recent curial experience!!!

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  9. Good luck. I live in Cairns and I am fighting a 100 Dollar fine(which now increased to 153) for not wearing a polysterene hat(aka "helmet"). On top of it, the policeman was aggressive, arrogant and broke several laws: Not saying his name, swearing at me, threatening me with abduction("detention"), threatening to steal("cease") my bike and searching through my backpack without my consent. These people invent an entire new vocabulary because if people hear the real words of what's happening then people just KNOW that their rights are being stolen. But by coming with new words, the policy enforcers hope to get away with it...

    I wrote letters to QLD Transport, Crimes Misconduct Commission, Local MP and I won't stop. Today a policeman and a woman came to my door to discuss the letter I sent to the MP. I will fight for my rights(not only on this issue but for my sovereignty in general) for as long as it takes.

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  10. Hi Sue,

    Congratulations on your second Court win. Surely if the Courts refuse to convict you , you should have ample reason for an exemption. The current situation is absurd.

    A friend of mine wanted a information page that could be sent by email for the Melbourne Punk Commute. I don't think I don't think I can send the facebook page to anyone who is not on facebook. Is there anything available yet ?

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  11. Thanks, Kathy, I'll do a post now on it!!! - looking forward to some Melbourne funtimes!!

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