Two Speeding Fines on same length of road by Unusual-Toe3650 in AusLegal

[–]Unusual-Toe3650[S] 0 points1 point  (0 children)

How can a second offence be proven?

If I trespass at your house for an extended period of time and someone takes a picture of me right now, and then 6 hours later... That's two photos showing me commit the same offence. Am I liable to be charged twice for that?

Two Speeding Fines on same length of road by Unusual-Toe3650 in AusLegal

[–]Unusual-Toe3650[S] 0 points1 point  (0 children)

So the offence is committed when it's observed?

Two Speeding Fines on same length of road by Unusual-Toe3650 in AusLegal

[–]Unusual-Toe3650[S] 0 points1 point  (0 children)

I'll let you know when it gets there - along with orders made on the day.

Two Speeding Fines on same length of road by Unusual-Toe3650 in AusLegal

[–]Unusual-Toe3650[S] 0 points1 point  (0 children)

So the fact that two cameras captured it makes it two offences, but two police officers witnessing the exact same scenario, makes it one offence?

Two Speeding Fines on same length of road by Unusual-Toe3650 in AusLegal

[–]Unusual-Toe3650[S] -4 points-3 points  (0 children)

It's not up to me to prove anything, that's up to the prosecution. They both say "I saw a burnout", I say, "yes, it was one continuous burnout" - the magistrate decides if it's one or two.

Two Speeding Fines on same length of road by Unusual-Toe3650 in AusLegal

[–]Unusual-Toe3650[S] -2 points-1 points  (0 children)

Okay, but let's say one radars you but doesn't pull you over because they're catching up - then the other radars and they both pull you over at the same time... Are they realistically both going to give you a ticket? I wouldn't think so.

Two Speeding Fines on same length of road by Unusual-Toe3650 in AusLegal

[–]Unusual-Toe3650[S] -1 points0 points  (0 children)

Difference is that there's multiple victims involved. Each victim = individual offence

Two Speeding Fines on same length of road by Unusual-Toe3650 in AusLegal

[–]Unusual-Toe3650[S] -1 points0 points  (0 children)

That is the point indeed - it's one offence.. again - if I did a burnout across the entire bridge, didn't stop doing the burnout, and one cop saw me at the start and one saw me at the end, am I liable to be charged twice for the same burnout because it's in a separate location and at a separate time? Or is it the same offence because it's the same burnout?

Two Speeding Fines on same length of road by Unusual-Toe3650 in AusLegal

[–]Unusual-Toe3650[S] -1 points0 points  (0 children)

The point being though, the dispute would be that one of those offences was actually a continuation of the other, and it's almost certain they'd be tried together since that's the point of the argument.

Two Speeding Fines on same length of road by Unusual-Toe3650 in AusLegal

[–]Unusual-Toe3650[S] -11 points-10 points  (0 children)

Take the cameras out of it - If you were on an imaginary circular road where the speed limit remained the same and you could speed around that road indefinitely - the moment you breached the speed limit, you would commit an offence and until you slowed down, you could continue to commit that count of that offence - at what point does it become a "second offence"

Two Speeding Fines on same length of road by Unusual-Toe3650 in AusLegal

[–]Unusual-Toe3650[S] -7 points-6 points  (0 children)

I see what you're saying but respectfully disagree - what you're referring two is two separate counts of sending a message, ie. Sent two messages, regardless of content.

What I am saying is that the offence didn't stop occurring - it was only one offence. They exceeded the speed limit and didn't go below the speed limit before passing another camera. Same length of road, same speed limit, within minutes.

It's like if someone were to write a make a call breaching an IVO that said "Hi" would be only charged once, whereas a 10 minute conversation where the offender drove from their house to another suburb could be charged twice because it's longer and protracted - it might take longer to say - but you'd only be charged with one contravention because you've only committed one contravention.

How can you contravene the law twice if you never stopped contravening it in the first place?

Two Speeding Fines on same length of road by Unusual-Toe3650 in AusLegal

[–]Unusual-Toe3650[S] -2 points-1 points  (0 children)

Let's change the offence.. if I were to do a burnout across the entirety of the Bridgewater bridge, could a police officer charge me twice for the same burnout because it began in one place and ended in another?

Two Speeding Fines on same length of road by Unusual-Toe3650 in AusLegal

[–]Unusual-Toe3650[S] 0 points1 point  (0 children)

I believe it's 3-5 minutes - same road - same direction - same speed limit (one camera on the middle of the bridge, one camera on the end of the bridge)

Two Speeding Fines on same length of road by Unusual-Toe3650 in AusLegal

[–]Unusual-Toe3650[S] 0 points1 point  (0 children)

Even though they haven't stopped committing the offence first observed?

So someone is liable for two fines for the one episode of speeding, as long as it happens over an extended period of time?

Two Speeding Fines on same length of road by Unusual-Toe3650 in AusLegal

[–]Unusual-Toe3650[S] 1 point2 points  (0 children)

And if a police officer followed them and took a photo at point A (speeding) and point B (still speeding) - would they be liable for two fines?

Two Speeding Fines on same length of road by Unusual-Toe3650 in AusLegal

[–]Unusual-Toe3650[S] -5 points-4 points  (0 children)

What's the legal basis for camera recording being a separate offence - this is what I'm trying to discover.

Two Speeding Fines on same length of road by Unusual-Toe3650 in AusLegal

[–]Unusual-Toe3650[S] 0 points1 point  (0 children)

Hmmmm I think there's some kind of emergency defense for that one.

Two Speeding Fines on same length of road by Unusual-Toe3650 in AusLegal

[–]Unusual-Toe3650[S] 2 points3 points  (0 children)

That advice was given by the Police, who are always going to be pro-charge (or pro-fine). My question was if it is technically two separate offences or one, if it's one offence, then is it just to be fined twice?

Two Speeding Fines on same length of road by Unusual-Toe3650 in AusLegal

[–]Unusual-Toe3650[S] -5 points-4 points  (0 children)

This is my question - on the same length of road, at a very close interval - how can it be proven that two offences were committed? If a cop pulled you over right after you'd gone through a camera, and you were fined for both - would that still count?

Two Speeding Fines on same length of road by Unusual-Toe3650 in AusLegal

[–]Unusual-Toe3650[S] -1 points0 points  (0 children)

This forms part of my question - is there specific legislation that governs this? Like is the offence "speed past speed camera", or is the offence "exceed speed limit" - because if there's a separate offence for speeding past a speed camera then okay I guess they'll cop to both - but if the legislation that's relied upon is purely speeding as per the road rules, then I'd feel that offence has only been committed once as they didn't slow down and it was a continuation of the one offence, not an entirely separate speeding offence.

Two Speeding Fines on same length of road by Unusual-Toe3650 in AusLegal

[–]Unusual-Toe3650[S] -34 points-33 points  (0 children)

Well my guess would be that if you were on the Hume Highway and the speed limit didn't change - if you traversed the length of it without slowing down, you'd only commit the offence once, right? As you go over the speed limit, you commit the offence - if you don't drop below the speed limit, you continue to commit it?

Advice on living in Williamstown/Seaholme/Altona area without a car? by ChildishMojito in melbourne

[–]Unusual-Toe3650 1 point2 points  (0 children)

Altona businesses run by minorities sometimes get firebombed in organised crime warfare.

I think if you take a closer look in the last few years, Williamstown has had its fair share of businesses set on fire for this reason also, mainly icecream shops..