Thread: Postie fined for doing his job

But the charge was upheld by the Court so I think there is more to this.

I wonder if the second condition was the issue.

The article mentions:

It exempts 'postal delivery workers' from footpath laws on two conditions.

The first is their motorbike must have an engine capacity of no more than 110 millilitres.
The second is that the bike must be ridden at speeds not exceeding 10km/h.

Originally Posted by garrycol

But the charge was upheld by the Court so I think there is more to this.

But a (police) spokeswoman later argued that Mr Jackson had been 'found guilty' by a magistrate under section 10 of the Crimes (Sentencing Procedure) Act 1999.

The magistrate quipped the officer must have been 'having a bad day' and Mr Jackson never disputed riding on the footpath.

You're right, Gary, there is more to it.

So, what is Section 10 Crimes (Sentencing Procedure) Act 1999:

Section 10 Crimes (Sentencing Procedure) Act 1999 enables a court, upon a plea or finding of guilt, to order the dismissal of charges without proceeding to record a conviction. The order can be made with or without conditions.

Section 10(1)–(3) provides:



(1)
Without proceeding to conviction, a court that finds a person guilty of an offence may make any one of the following orders:

(a)
an order directing that the relevant charge be dismissed,
(b)
an order discharging the person on condition that the person enter into a good behaviour bond for a term not exceeding 2 years,
(c)
an order discharging the person on condition that the person enter into an agreement to participate in an intervention program and to comply with any intervention plan arising out of the program.
(2)
An order referred to in subsection (1)(b) may be made if the court is satisfied:

(a)
that it is inexpedient to inflict any punishment (other than nominal punishment) on the person, or
(b)
that it is expedient to release the person on a good behaviour bond.
(2A)
An order referred to in subsection (1)(c) may be made if the court is satisfied that it would reduce the likelihood of the person committing further offences by promoting the treatment or rehabilitation of the person.
(2
Subsection (1)(c) is subject to Part 8C.
(3)
In deciding whether to make an order referred to in subsection (1), the court is to have regard to the following factors:

(a)
the person’s character, antecedents, age, health and mental condition,
(b)
the trivial nature of the offence,
(c)
the extenuating circumstances in which the offence was committed,
(d)
any other matter that the court thinks proper to consider.

Not much of a conviction. Not even a slap on the wrist. I wonder if he even paid the fine.

Not following that last post - the bottom line is that posties have legal coverage to ride on the footpath with the restriction of bike size and speed.

If he was booked and the charge was upheld by a court then the postie did something outside the rules that cover them. Just as from time to time councils rangers have put tickets on police vehicles and speed camera vehicles when they have broken the law parking incorrectly - even when doing their job.

i wonder if his fine was delivered in the mail?

Originally Posted by garrycol

Not following that last post - the bottom line is that posties have legal coverage to ride on the footpath with the restriction of bike size and speed.

If he was booked and the charge was upheld by a court then the postie did something outside the rules that cover them. Just as from time to time councils rangers have put tickets on police vehicles and speed camera vehicles when they have broken the law parking incorrectly - even when doing their job.

The charge was dismissed without a conviction recorded.
In a nutshell, that is section 10.

my postie mate just said they are allowed to ride on the footpath to deliver mail and as a Commonwelath employee federal police are responsible, the NSW cops have no jurisdiction, unless he was doing the wrong thing on the road and it was a road offence then state police and intervene

Dunno about where you live but around here the postie thinks he is on a speed circuit.
We do get our mail early i will give him that.
Dont be around or reversing out when he is delivering though or your likely to have a fisty cuffs over it.

Me personally i like mail delivered early and think the cops should perhaps chill a little.