Tuesday, December 6, 2011

Mandatory Traps

Crimes Act 1900 No 40

Section 49 Setting trap etc

(1) Any person who:

(a) places or sets, or causes to be placed or set, any trap, device or thing (whether its nature be electronic, electric, mechanical, chemical or otherwise) capable of destroying human life or inflicting grievous bodily harm on any person,


(b) knowingly permits any such trap, device or thing to continue to be placed or set, with intent to inflict grievous bodily harm shall be liable to imprisonment for five years.

(2) Nothing in subsection (1) shall extend to any gin or trap, placed with the intention of destroying vermin, or to any trap, device or thing placed in a dwelling-house for the protection thereof.


So could we arguably apply s49 ss(1)(a) to Australian governments & mandatory helmet laws when academic research has revealed that bicycle helmets increase risk of "Diffuse Axonal Injury"?


  1. I hope I win the lottery tonight, then I'll be funding a serious legal challenge based on this EXCELLENT point of law! =D

  2. If this breach of the criminal code is reported to Victoria Police, is it not incumbent upon them to brief the DPP to initiate prosecution action against the City of Melbourne?

  3. How much did that stupid machine cost to put there again? And what is it - $5 for a helmet and you get $3 back when you return it. Even with that sort of subsidy, remind me how well the Melbourne and Brisbane bike shares are doing again?


  4. I'm sure they could get out of it using part 2, claiming cyclists are vermin. ;)

  5. Taliesin - Ya beat me to it. :)

    If it weren't for that, everyplace a bicycle path crosses a motor road would also fall under the designation of criminal trap.

    Stay safe out there people; second mouse gets the cheese.

  6. Sadly my modus operandi tends to be like that of the first mouse!

  7. Hi Sue !

    You are a true legend !

    I was recently attacked by an angry police officer, as I was not wearing a helmet.
    I was given a fine, and sadly to say, I paid it.

    I am thinking a good way to stop the government from removing our civil rights and forcing people to wear these helmets (condoms on their heads),
    may be to sue the government for all the incidences of Diffuse axonal injury.

    It is obviously a crime for the government to Force people to wear helmets when it is proven to be dangerous.

    Maybe we should gather everybody in Australia who has acquired Diffuse axonal injury and do some kind of class action law suit to teach this nazi government that they can't treat people like animals, and they are responsible for all the lives damaged by Diffuse axonal injury.

    What are your thoughts ?

    God bless you !