A man and his mother have been jailed for two months for sharing a civil law framework on how to interpret the law in a way that was clearly unfair to them.
The couple, who live in Perth, were accused of “inciting hatred” and “intimidating” their former neighbours in their home.
A court heard the family’s lawyer had argued their case through the courts, but they were told they had not taken the necessary steps.
The man’s lawyer said the law was based on a “dismal” concept and should be changed to include people who “have an adversarial relationship with a person who is in a legal position to represent them”.
“You are not entitled to be free of legal obligation to seek redress in a court of law,” Mr Maclachlan said.
The man and mother, both of whom are in their 20s, were initially charged with threatening a person or causing injury to a person.
The family said they had decided to fight the charges in court.
“I feel it is important that the Australian people know the importance of having the laws enforced in a fair and just way,” Mr McIntyre said.
“This was an example of what can happen when you make a decision to take a position that does not reflect your values or beliefs.”
There was no malice, no ill will towards any person in our family.
This was an attempt to make a statement to the Australian community and to our community.
“The case has prompted a review of the laws and a review to determine if any of the changes would have helped.
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