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Man charged - can't prove he owns the bullion he has
Topic Started: 28 Aug 2013, 10:55 AM (3,542 Views)
miw
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mel
30 Aug 2013, 06:45 PM
what if he did buy it legitimately from someone who didn't want to be named (say they're a crook)

he wouldn't have actually broken any laws himself, would he?
If he knew they were a crook he would be guilty of receiving stolen goods.
The truth will set you free. But first, it will piss you off.
--Gloria Steinem
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Ned Flanders
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Subpryme
30 Aug 2013, 06:46 PM
You're being facetious.
So, you are saying the police can apply the law selectively?
Quote:
 
There's a big difference between finding silver bullion in a suspected drug dealers bag and finding baked beans or books.
There is? Can you explain it to me?
Quote:
 
Drug dealers receive all kinds of payment for their products, often things that have been obtained in home burglaries. I don't imagine there would be many instances of criminals targeting baked bean tins or books.
Oh I see, because drug dealers could get paid in silver bullion, people carrying silver bullion have no legal rights. I understand, thanks for clearing that up.
------------------------------
" ... which is that all-too-familiar dynamic in Irish life where people tell lies, cover them up and create all sorts of collateral damage, sometimes spread out over decades, and never take responsibility."
- Alan Glynn
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mel
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miw
30 Aug 2013, 06:53 PM
If he knew they were a crook he would be guilty of receiving stolen goods.
there would have to be a scenario where he might actually innocent though (im not saying he is in this case)

people buy on PM forums every day and do face to face transactions without receipts - it's not the smartest way to go about things but it might be possible he is innocent and gets shafted when no law has been broken? My immediete reaction to the article was that the innocent until proven guilty thing applied here also.
Ned Flanders
30 Aug 2013, 06:55 PM
So, you are saying the police can apply the law selectively?
they do it all the time don't they? I have been let off for speeding more than ive been fined :lol

There are ways to get into big trouble for just about anything if they choose to whack you with the maximum penalty which is purely up to the discretion of a judge i believe
Edited by mel, 30 Aug 2013, 07:03 PM.
APF - a place where serious people don't take themselves too seriously. There's nothing else like it.
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Subpryme
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Quote:
 
Quote:
 
You're being facetious.
So, you are saying the police can apply the law selectively?
No, calling you facetious is not my way of saying that police can apply law selectively.
Quote:
 
Quote:
 
There's a big difference between finding silver bullion in a suspected drug dealers bag and finding baked beans or books.
There is? Can you explain it to me?
Probably not.
Quote:
 
Quote:
 
Drug dealers receive all kinds of payment for their products, often things that have been obtained in home burglaries. I don't imagine there would be many instances of criminals targeting baked bean tins or books.
Oh I see, because drug dealers could get paid in silver bullion, people carrying silver bullion have no legal rights. I understand, thanks for clearing that up.
No they have legal rights. They have the right to explain WTF they're doing carrying silver bullion on a train in a backpack that has triggered their drug sniffing dogs.
Edited by Subpryme, 30 Aug 2013, 07:22 PM.
Human beings go mad in crowds.. and come to their senses slowly and individually..
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goldbug
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Simon
30 Aug 2013, 06:41 PM
Ned Flanders
30 Aug 2013, 06:30 PM
it would help to know the sorts of things I need to start keeping receipts to avoid being charged with possession of something I can't prove I own in the future
anything of high monetary value like gold bullion or bags of jewels or a big bag of luxury watches, huge rolls of cash, stuff people might steal

baked beans aren't worth much, whose going to steal baked beans???

use your common sense man
Yes, once a thread degenerates into a political discussion or one about civil rights it's time to leave it to the debaters. Eventually it reaches the point where Hitler is dragged into it, and then "everyone" realizes it has gone on far too long. :lol
Edited by goldbug, 30 Aug 2013, 07:45 PM.
Shadow was hopelessly wrong about the Gold Bull Market.
What else is he wrong about?
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miw
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mel
30 Aug 2013, 07:01 PM
there would have to be a scenario where he might actually innocent though (im not saying he is in this case)

people buy on PM forums every day and do face to face transactions without receipts - it's not the smartest way to go about things but it might be possible he is innocent and gets shafted when no law has been broken? My immediete reaction to the article was that the innocent until proven guilty thing applied here also.

they do it all the time don't they? I have been let off for speeding more than ive been fined :lol
My reaction too. I can think of lots of ways I could be in possession of some silver bullion - in the end it was only a few thousand dollars' worth - perfectly legally, but not necessarily have receipts available. It might be dumb but it's not a crime.

Smacks of the days when a black in charge of a vehicle would be automatically presumed to have stolen it.
Subpryme
30 Aug 2013, 07:21 PM
No they have legal rights. They have the right to explain WTF they're doing carrying silver bullion on a train in a backpack that has triggered their drug sniffing dogs.
Actually, in Australia they have the right not to have to explain why they are carrying $6000 worth of something that has not been shown to have been stolen.

Even the dodgy and those who can't afford expensive lawyers have the right to silence and the presumption of innocence.
Edited by miw, 30 Aug 2013, 08:01 PM.
The truth will set you free. But first, it will piss you off.
--Gloria Steinem
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mel
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one of us should go undercover on a legal/solicitors forum asking silly questions while pretending to be a first year solicitor and report back here :oo:
Edited by mel, 30 Aug 2013, 08:37 PM.
APF - a place where serious people don't take themselves too seriously. There's nothing else like it.
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Ned Flanders
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Subpryme
30 Aug 2013, 07:21 PM
No they have legal rights. They have the right to explain WTF they're doing carrying silver bullion on a train in a backpack that has triggered their drug sniffing dogs.
My understanding is there was no requirement to explain WTF you are doing carrying silver bullion or anything else for that matter, but obviously I missed the announcement that the Australian legal system had changed. Can you point to the specific law that is being broken?

Lets say I went down to ABC Bullion during my workday, purchased some silver, took the silver back to the office, left the receipt on my desk, put the bullion in my backpack. On the way home I stop into the pub for a quick one, and the table next to me are smoking a joint, and the smoke gets in my clothes. I get on the train to go home, police officers with dog stop me and search me and find the bullion. At this time I am currently unable to prove I own the bullion, what crime am I charged with?
------------------------------
" ... which is that all-too-familiar dynamic in Irish life where people tell lies, cover them up and create all sorts of collateral damage, sometimes spread out over decades, and never take responsibility."
- Alan Glynn
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