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Stefaniak the il-liberal

By johnboy 26 February 2007 33

There was another stabbing over the weekend, an 18 year old out for his birthday was allegedly stupid enough to carry a knife and even stupider to pull it out in a fight and has probably changed the course of his life by stabbing a 21 year old.

It is alleged someone has done something wrong, they have been charged and the matter will now work itself out in the courts.

So where’s the problem?

Well the so called “Liberal” leader, Bill Stefaniak thinks the solution to this functioning system is random searches!

“Mr Stefaniak said giving police random search powers would soon put paid to the use of knives when arguments erupt, particularly around nightclubs and public places.

Why not random wiretaps? Compulsory DNA registration? An end to jury trials and that pesky presumption of innocence while we’re at it?

What’s Your opinion?


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33 Responses to
Stefaniak the il-liberal
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smack 10:56 pm 28 Feb 07

Found this in the Crimes Act. I guess it comes done to what the courts find reasonable.
**************************************
193 Power to conduct search of person for knife
(1) Subject to subsection (2), if a police officer suspects on reasonable
grounds that a person who is in a public place or school has a knife
in his or her possession, the police officer may—
(a) conduct a frisk search or an ordinary search of the person; and
(b) seize any knife found as a result of the search.
(2) A police officer may conduct a search of a person under
subsection (1) only if the police officer—
(a) provides evidence to the person that he or she is a police
officer, unless the police officer is in uniform; and
(b) informs the person of the reason for the search.
(3) As soon as practicable after a search has been conducted under
subsection (1), the police officer who conducted the search shall
record the time, location and nature of the search.
**************************************
382 Possession of knife in public place or school
(1) A person shall not, without reasonable excuse, have a knife in his or
her possession in a public place or school.
Maximum penalty: 10 penalty units, imprisonment for 6 months or
both.
(2) Without limiting what may constitute a reasonable excuse, it is a
reasonable excuse for a person to have a knife in his or her
possession in a public place or school if—
(a) the possession is necessary or reasonable for, or for a purpose
incidental to—
(i) the lawful pursuit of the person’s occupation; or
(ii) the preparation or consumption of food; or
(iii) participation in a lawful entertainment, recreation or
sport; or
(iv) the exhibition of knives for retail or other trade purposes;
or
(v) an organised exhibition by knife collectors; or
(vi) the wearing of an official uniform; or
(vii) religious purposes; or
(b) the possession is of a prescribed kind.(3) It is not a reasonable excuse for a person to have a knife in his or her
possession in a public place or school solely for the purpose of selfdefence
or the defence of another person.

West_Kambah_4eva 3:59 pm 27 Feb 07

Does this mean I have to take off my hook hand when I go out now?

bonfire 10:50 am 27 Feb 07

“I’ve seen these “random” stop and search powers at work in the UK, not surprising that more often than not it is blacks, youths and other minorities who are the subject of “random” searches.

Tory Laura Norder crap = bull$hit”

blair introduced asbo’s… notorious infringers of citizens rights.

can you hear that sound ? its the magna carta being flushed away.

bonfire 10:49 am 27 Feb 07

alcohol fuelled nightclub

potential weapons: beer glass, pool cue, chair, bottle.

i could go on.

i doubt a 3 inch folder would be a force multiplier when confronted with the dark end of a broken schooner.

What’s also interesting is that we have no trouble justifying breaking the law (and perhaps commonsense in some cases), by carrying a potentially lethal weapon into an alcohol-fuelled nightclub where fights are not uncommon, and yet someone suggests that speeding isn’t the instrument of the devil and gets shot down in flames. Interesting indeed.

bonfire 9:49 am 27 Feb 07

isnt it interesting that here we have a cross section of canberras community, with several peopel admitting they break the law – because its an arse.

i hope mr stefaniak or one of his cronies takes some notes.

law abiding citizens using tools as intended are not criminals, and shouldnt be swept up in broad stroke legislation aimed at combatting anti-social behaviour.

johnboy 8:27 am 27 Feb 07

RBT is only justified because there is a requirement you be licensed to be on the road in the first place. Even then the unwarranted search has prevented its introduction in jurisdictions which take liberties seriously. (unlike here where ignorant yahoos trade them away daily for a half point jump in the polls)

It is most certainly not a model than should be applied elsewhere.

terubo 8:23 am 27 Feb 07

A random search of the “Seek” job website shows no vacancies for random searchers.

Maelinar 8:20 am 27 Feb 07

Police the power to stop any private citizen at any time without reason – can’t they do that now ?

I’ll be interested to see their response next time I drive straight through a rbt, avoiding the copper who signalled me to stop on account of I was going about my business in a lawful and peaceful manner.

Maelinar 8:17 am 27 Feb 07

Myrmecia – apply the 15yo Tom Sawyer test. If a 15yo boy could create mischief with the item, then it’s probably got a rule attached regarding its usage.

The only exception to this rule is when my 80yo grandmother got her knitting needles confiscated by an overzealous security guard on a flying equivalent to Wagga2 to Aubury. To date I fail to see what the hell he was thinking.

boomacat 8:15 am 27 Feb 07

It does seem that the Liberals have lost their way here, isn’t “liberal” supposed to mean “limited government” and “private citizens pursuing life, liberty and happiness unhindered by unwarranted govt interference”?

I would have thought that the Police would already have the power to search someone if they have reasonable suspicion that the person was/had/was about to commit an offence. Therefore Stefaniak’s proposed law will give the Police the power to stop any private citizen at any time without reason. Outrageous.

I’ve said it once and I’ll say it again, as a private citizen who goes lawfully about their business in a peaceful manner it makes me furious to think that I could be stopped and molested by the Police.

I’ve seen these “random” stop and search powers at work in the UK, not surprising that more often than not it is blacks, youths and other minorities who are the subject of “random” searches.

Tory Laura Norder crap = bull$hit

Myrmecia 3:17 am 27 Feb 07

I didn’t know carrying knives was illegal. I always have a folding “Swiss Army” folding pocket knife with me, sometimes in a belt pouch, sometimes in my pocket and sometimes in my bicycle pannier. Is this really illegal in the ACT? I also have a Swiss Army” brand card which contains a tiny knife. Is that also illegal around town? What about the card and knife when I’m bushwalking or driving? Where can I find the relevant rules?

bonfire 4:57 pm 26 Feb 07

politicians LOVE to take your rights away, but when was the last time one of these draconian ideas was repealed ?

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