The Defendant based his Application to Vary The Order on The Fact that he had not seen His Ex- Brother-in-law since December 2004.
The Defendant had also been made aware of the Fact that his Ex-Brother-in-law no Longer Lived at The address Listed on the Intervention Order Because evidence had previously been Given Under Oath Before Magistrate Erlich To That Effect.
Hearing the case was Magistrate Max Cashmore, who advised the Defendant that his Ex Brother-in-law wanted The Matter Adjourned because he wanted to Contest The Application but he was on Holidays for another 12 days until the 29th January.
The Defendant argued that Intervention Orders issued in Melbourne Courts are Generally issued only for a period of 12 Months not 10 years, and the Intervention Order Variation should be granted as the defendant had not had any contact with his ex Brother-in-law since December 2004 over 7 Years ago, at that Time the Defendant had entered Zagame's Restaurant to play The Pokies, had seen the other Party there and Then Left The premises.
Magistrate Max Cashmore then argued that Courts Don't issue intervention Orders for only 12 Months, they issue them for any Period Of Time, This statement by the Magistrate was rather Odd, Because the Defendant sat at The back of The Court after his Matter Was Adjourned as His ex Brother-in-law had Requested and Magistrate Max Cashmore granted a Number of intervention Orders for only a period of 12 Months.
So what are These Intervention Orders all About, They are About The Use of Gymnasiums in Melbourne by the Defendant.
The Defendants Normal Routine Of Going to this Gym Then Technically Became a Breech Of an Intervention Order, Simply Based on the fact that a Small Part Of The Gym at one End Of The Complex was alleged to be Within 200 Metre's from His Ex Mother-in-laws Back fence. The Distance was Over 200 Metres if You Measured the Distance By Road From His Ex-Mother-in-Laws Driveway.
So The Defendant Could Face a $28,000 Fine or 2 Years in Jail For Doing what he had Been Doing regularly For Over A Decade, Despite the Fact There was no Physical Violence or Any Other Criminal Intent by The So Called Defendant.. Considering The Penalties in Place for a Breech Of an Intervention Order, You have To wonder about another Case Heard By Magistrate Max Cashmore.
A 23 Year Old Man was Described as Mercilessly Beating a Security Guard by punching him 17 Times, Kicking Him Five Times and Kneeing Him Once, Magistrate Max Cashmore was Quoted as Saying, It was for the Grace Of God The Victim was not Killed, He also said To The Victim, I'm Sorry to you, and The Community is Sorry that Someone Doing His Job Has To Put Up With This Conduct.
You would Think That anybody Committing This Type of Violent offence would Automatically Receive a Jail Sentence for their Vicious Attack, But in This case Magistrate Max Cashmore Sentenced The attacker to a 4 Month Intensive Corrections Order, Which Requires The Attacker to Undergo Community Work, Report To Authorities Twice a Week and Undergo Counselling. The Attacker's Co Accused also Pleaded Guilty to Recklessly Causing Injury And he Also Received a Nine Month Community Service Order Without a conviction.
Magistrate Max Cashmore is quoted as Saying, The attacker only escaped Jail because Of His Age, 23 and Good References.
On The 17th April 2012 I sat In Courtroom 7 and Listened to a Contested Hearing Heard By Magistrate Max Cashmore.
The Dispute was Between 2 Former Girlfriends who Lived Not Far from Each Other. None Of the Testimony Given Contained any Evidence Of Violence, Threats or property Damage at all. Despite This Magistrate Max Cashmore allowed The Case to Continue Over 2 And a half Hours. There Was evidence of Finger Gestures etc, But nothing that would Warrant the issuing of an Intervention Order at all.
What's The Point in Magistrate Max Cashmore hearing this Contested Intervention Order Case when you Can Bash a Security Guard and Receive only a 4 or 9 Month Intensive Corrections Order????. It Doesn't Make Sense. I spoke With the Defendant in This case and She Said That Intervention Orders were Way too Easy to Get and even The applicant's Barrister Couldn't Believe that he was in Court arguing Such Trivial Evidence.
An elderly Woman on a Walker came Into Courtroom 8, Her daughter had taken out an Intervention Order against Her and she was seeking a Variation because her Daughter worked at a Bakery Chain which had 3 Shops, 2 were In different large Shopping Centres in Melbourne and The other was in a strip shopping Centre. I Have to be able to Shop Somewhere The woman told Magistrate Sargent, We Will have to Adjourn The Matter So it Can Be Clarified With Your daughter replied the Magistrate.
The other Case was quite Serious, A Woman was seeking to Extend an Intervention order against Her Ex Boyfriend who was Currently in Jail on Armed Robbery Charges. It was obvious that Her Ex-Boyfriend was a Dangerous Individual But Magistrate Marc Sargent Adjourned The Case to Another Court that had Video Facilities, Which Meant The applicant would be Seriously Inconvenienced in having to Attend the Other Court.
Magistrate Marc Sargent Concluded the Defendant had a Right to defend This Application to Extend The order, When I spoke to The woman later she said her Ex- Boyfriend was only Contesting the Matter so he could spend a day out of Jail, the woman said she wanted Nothing More To do With Her Ex Boyfriend and it would be extremely inconvenient for Her to get to the Court that Had Video Facilities to hear the Case.
The Magistrate's Court's In Melbourne Hear Intervention Order Cases that range From Extremely Serious To The Totally Ridiculous, Intervention Orders are there to Protect People From Violence and should not be used on Meaningless and Trivial Disputes which are a waste of Police And Court Time. Magistrate's Handing Down Very Lenient Sentences for Violent Crime's also Makes a Mockery of Victoria's Justice System and the Court's.in Melbourne.
I Have Even Spoken With Defendant's That have had Intervention Order's Issued Against Them from a Magistrate's Court in Melbourne, Despite The Fact they lived in West Wyalong & Sydney???.
