You are blowing a lot of hot air saying things that no one is disagreeing with you on.
Originally Posted by Da Swami
Australia is a Common Law country. I never said it was not.
You have given examples of negligence for civil law cases. No disagreement there. The Australian website I provided a link to says the same. No where does it state that you can sue someone in a civil case for a matter that has to be heard in a criminal case.
No where have you addressed the issue of a civil law case that results from a not guilty verdict in a criminal trial or even a guilty verdict in a criminal trial in Australia. It does not happen and for reasons I have stated previously.
I am not confused. It is absolutely clear in Australia.
Even in the case where a traffic accident occurs, I am convicted of a "crime" (say DUI) in relation to the accident, and you are hurt, you still cannot make a claim for damages to the civil court as damages will be awarded as part of the criminal trial or your will be referred to the Vitims of Crime compensation for that particular state.
As for the "Double Jeopardy" maxim, it has already been repealed in certain countries. You make it sound like it is the same the world over. It is not. The UK abolished it in 2005 and the Stephen Lawrence case was re-tried this year and the perpetrators were found guilty.
Currently, in the New South Wales and Queensland, Australia, the state govenments are looking to repeal the Double Jeopardy law. Two states, South Australia and Tasmania, have already repealed the law. There is also debate ongoing at the Federal level.
While there is commonality between Common Law countries, the interpretation and application of the law often differs. The USA is more "rights oriented" where in Australia there is more "official centric".
You are looking at everything from a US, perspective. What you fail to recognise is that, from the Constitution of the countries through the law, there are differences, sometimes major, even though both countries are "Common Law" countries in principle.
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