Email to the Chief Magistrate NSW Local Court / S474.17/ Magistrate Lisa Stapleton
It is clear this magistrate fails to understand any complexity of S474.17
Words heard in the Public Arena cannot be claimed to be so offensive as in S474.17
Stapelton comparisons with S4A of the Summary Offences Act which is Subjective and 474.17 which is objective and criminal is all bullshit.
From: fionabrown01@hotmail.com
To: cmo@agd.nsw.gov.au
Subject: Lisa Stapleton
Date: Fri, 11 Apr 2014 14:04:13 +1000
Dear Mr Henson,
I understand you are Chief Magistrate NSW Local Court.
It is unfortunate that I need to contact you concerning Magistrate Stapleton.
As
you are aware a magistrate is in a position were they must provide
procedural fairness. Also part of the process also requires that a
magistrate does not deny natural justice.
On 24th March I appeared
before Stapleton charged under S 474.17. This matter concerns the "
reasonable persons" test and therefore it is an objective test.
You
should also be aware the the High Court's decision on " Monis V the
Queen" and also the matter of Brett David Starkey in Queensland .
Particularly
the matter of Starkey further clarifies S 474.17 stating that words
must be read in correct context. Although the procedure of reading in
correct context would appear to be
logical to most of us and even to
a child in primary school so they were able to correctly understand
the meaning of an article or book it clearly is not the case with
Stapleton.
Stapleton clearly stated that to satisfy section 474.17
it is unnecessary to read or in fact understand the complete article
posted on the internet and she made her decision on this disregarding
any other judgements made in Courts.
Although she was aware the
posts were exposing systemic corrupt conduct in Government Department
Stapleton claimed this was all nonsense and also claimed I was a vile
person.
Clearly if Stapleton cannot apply the "reasonable" persons
test there can only be 2 options. Either you make her aware of the
responsibility of this section of the Act and instruct her that it is
entirely Objective and not partially objective and partly subjective
or she should be removed from making similar judgements. Stapeton
struggled with her understanding of S 474.17 attempting to compare this
with the Summary Offences Act. However you will be aware that S4A
Summary Offences Act is Subjective not Objective.
In hindsight, clearly there is a problem in the court that needs to be rectified.
Please
could you notify me why a magistrate in the Downing Center clearly has
failed in her duty of care and presided over a case where she
struggled understand the complexity of the 'Reasonable" persons test.
I would appreciate a quick response to this.
Thanking you
Fiona Brown
She is a terrible Magistrate. I'm not surprised to read this and have to wonder why she is still a Magistrate at all. She refuses to recuse herself, and is just mean and nasty. I appealed a case in the District Court, and the Judge was so angry he threw his pencil down after reading the transcript and said "Case Dismissed".
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