Here is a scary example: one of the declared offences is “receive tainted property”. Say you are the member of a camera club and you purchase a camera off another member that turns out to be stolen and the police charge you with receipt of stolen goods. Unless you can prove that it is not a standard practice of the club to deal in stolen property, you are a Vicious Lawless Associate. The burden of proof is on the accused. You are guilty until proven innocent. If you cannot prove the club does not have as one of it’s purposes the trade in stolen items, the magistrate will be required to sentence you to 15 years in jail (25 years if you hold an office bearing position in the club). The magistrate has no choice in this; the prescribed sentences are mandatory. Your only real hope is that you can prove through a lack of history of offences involving the club that your claim that the club’s purpose does not involve trading stolen goods is accepted, but the potential for abuse of this by police intent on getting “results” is high. When the burden of proof is on the accused, you rely on the good will of the accuser, which is a dangerous thing in the hands of police. It minimises accountability.
Posted on: Tue, 26 Nov 2013 07:43:20 +0000