Quote:
Originally Posted by Romulus
This arrest is certainly attracting attention, both nationally and internationally. The double standard of the Victorian Police are no longer covert, they're overt. VicPol can manage to arrest of pregnant woman over a facebook post, yet VicPol allowed the BLM protest to go ahead, almost sponsoring it by saying no one would be arrested.
Looks like the pregnant lady will be in good hands, plenty of legal practitioners willing to provide pro-bono representation. It will be interesting to see how this over reaction plays out over the next 24-36 hours. It's political poison for Comrade Dan and his Gestapo law enforcement officers.
An interesting comment from Gillian Dempsey on twitter about this matter
"Incitement" is an INDICTABLE offence in Victoria. It is "subject to this Act" (ie the Crimes Act). There are no indictable offences that the lady who was arrested was accused of. Those offences were summary. There's a legislative mismatch here. Oh dear.. http://www.austlii.edu.au/cgi-bin/vi...l_act/ca195882
CRIMES ACT 1958 - SECT 321G Incitement
CRIMES ACT 1958 - SECT 321G
Incitement
(1) Subject to this Act, where a person in Victoria or elsewhere incites any other person to pursue a course of conduct which will involve the commission of an offence by—
(a) the person incited;
(b) the inciter; or
(c) both the inciter and the person incited—
if the inciting is acted on in accordance with the inciter's intention, the inciter is guilty of the indictable offence of incitement .
(2) For a person to be guilty under subsection (1) of incitement the person—
(a) must intend that the offence the subject of the incitement be committed; and
(b) must intend or believe that any fact or circumstance the existence of which is an element of the offence in question will exist at the time when the conduct constituting the offence is to take place.
(3) A person may be guilty under subsection (1) of incitement notwithstanding the existence of facts of which the person is unaware which make commission of the offence in question by the course of conduct incited impossible.
S. 321H inserted by No. 10079 s. 7(2), amended by No. 25/1989 s. 20(g). |
Three QCs are rumoured to be supporting the woman who in the words of the fat controller as he peered over his black rimmed spectacles for dramatic effect, "This is a serious criminal offence."
Does the arrest satisfy s321G?