British man faces deportation over fare evasion conviction
Robyn Ironside
The Courier-Mail
August 13, 2011 12:00AM
IN THE old days, they sent convicts from Britain to Australia for petty offences such as stealing a cow or break and enter.
Now, we're set to send a hard-working engineer back to Britain over a $2.65 train fare.
Wrong Colour, Wrong Religion and clearly not violent enough for the Australian Labor Party to live in Australia.
Mark Littler, 30, faces deportation after being convicted for fare evasion when he claimed his faulty go card did not work on a trip from Morningside station to Fortitude Valley.
Mr Littler, who does not hold an Australian passport, could be returned to Britain if the Immigration Department reacts to the conviction.
This comes despite examples when more serious crimes have not attracted the same result.
In September 2009, Gold Coast sisters who bashed two tourists at Surfers Paradise received 18 months' probation and no conviction, while a series of crimes against animals, including dragging horses behind cars and killing family pets, have not attracted convictions.
Mr Littler fought the $200 fine for fare evasion because he believed he was acting in "good faith" when he reported his go card as faulty to a transit officer on board a train on December 12, 2009.
In May this year, Magistrate Brian Hine not only upheld the fine but recorded a conviction against Mr Littler, putting his hopes of gaining permanent residency in Australia in doubt.
His advice from Immigration was that a conviction for fare evasion would be regarded as a "minor fraud offence" and could affect his chances of remaining in Australia.
An Immigration spokesman said each application was considered on a "case-by-case" basis, but he conceded it was not helpful to have a criminal conviction.
In his ruling, Mr Hine said without proof, a conviction would "materially affect his application" but he saw no reason not to record one.
Mr Littler is now taking legal action in the Brisbane District Court against Transport and Main Roads in the hope of having the decision reversed.
In documents filed in court, Mr Littler said he brought his faulty go card to the attention of a transit officer at the earliest opportunity after boarding a train at the unstaffed Morningside station to travel to Fortitude Valley for his work Christmas party.
"She advised me that she would have to give me a warning," Mr Littler said.
"I was however in disagreement as my go card would not tag on. Therefore I was not evading the ($2) fare, I was acting in good faith."
But Magistrate Hine found that under the Transport Operations Act, Mr Littler had broken the law.
"I'm not satisfied that it is a reasonable excuse for a passenger to board a train knowing that they have not paid the fare, even if they are unable to use a faulty go card in their possession," ruled Mr Hine.
Queensland Law Society criminal law specialist Glen Cranny said under the Penalties and Sentencing Act, magistrates were supposed to take into account the impact of recording a conviction on a person's economic and social wellbeing.
"Often times though, these things are not properly explained to the magistrate," Mr Cranny said.
There are many more serious cases in which convictions have not been recorded. Two 17-year-olds escaped conviction in April for pelting a homeless woman with eggs and recording the act on their phone.
A month earlier, Andrew Christopher Cook, 33, and his 17-year-old son walked free after pleading guilty to dragging a pony behind a car.
No convictions were recorded.
Last year a gang who stole thousands of dollars from Brisbane parking meters had no convictions recorded, until prosecutors appealed.
And in September 2009, Gold Coast sisters who bashed two tourists at Surfers Paradise maintained a clean record when they were given 18 months' probation and no convictions.
Wrong Colour,Wrong Religion,and worse still he works for a living simple as that, what self respecting Labor /Green Loon / Independent, Union /GetUp funded
Minority Coalition Australian Government would want such an individual living in Australia, who knows what damage he could do.
The Australian Labor Party and their fellow Leftist Multicultural Groupies have shown Australians who they want Living / Colonizing Australia.
Migrant thug avoids deportation
Mark Buttler
Herald Sun
August 13, 2011
A STUDENT who attacked two women in the street avoided deportation because he passed a character test.
One victim told a court she found herself on the ground with the attacker's fist raised above her.
The man, a Bangladeshi, 29, was carrying a knife when he was arrested less than a week after arriving on a student visa.
Federal authorities said he could not be deported because he did not fail the nation's character test.
He is living in Melbourne's western suburbs.
When he faced Sunshine Magistrates' Court last month he was placed on a 12-month community-based order on charges of robbery, possessing a controlled weapon without an excuse and theft.
He was also ordered to complete an anger management course. No conviction was recorded.
The victim was walking to Albion railway station at peak hour when the man approached from behind, grabbed her by the shoulder and punched her to the ground as he tried to snatch her handbag.
"When I was on the ground, he still tried to steal my bag, and he then raised his fist to try and punch me. Once he did this, I did not resist and he took my bag," the woman said.
"(It) was absolutely horrendous and frightening - as it happened in proximity of my street, and also happened in peak hour."
The victim said police told her they expected the man to be deported.
"But it does not surprise me that this has not occurred," she said.
"It appears that you need to commit murder in Australia before that is considered. I think it's pathetic that this man who has terrorised hard-working Australians is allowed to remain in this country, but again ... it's not surprising."
The other victim also lost her handbag to the thief near Albion railway station two days earlier.
Victoria Police confirmed it had moved to have the man's visa cancelled.
"As part of the investigation and court proceedings, Sunshine CIU detectives applied to the Department of Immigration for the offender to be deported," a police spokeswoman said
An Immigration spokesman said that among reasons for failing the character test were having a substantial criminal record, such as being sentenced to a year's jail or more.
buttlerm@heraldsun.com.au
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