God-given right to drive doesnt amuse Oz judgeSeptember 12th, 2008 - 5:44 pm ICT by ANI
Melbourne, Sept 12 (ANI): Losalina Rainima, a Sydney woman, who contended that it was her “god-given” right to drive and refused to register her car, lost a Supreme Court appeal.
In 2004 she was jailed for three months after being caught driving an unregistered vehicle.
Originally she was placed on a five-year good behaviour bond but was resentenced after her refusal to sign the paperwork.
Rainima then endured the entirety of her nine-month maximum jail term, spending an additional six months behind bars because she refused to sign the conditions of her release.
She appealed against her conviction and sentence to the NSW Supreme Court, telling Justice Peter Hidden the licensing and car registration laws breached her freedom of movement and right to privacy.
Rainima is associated with United People Movement Against Road Taxes (UPMART), an organisation that claims to protect human rights through “Bible codified common law”.
“God has given me a right that is given to me, it’’s within me,” Rainima told sentencing Magistrate Sharon Freund in March this year.
“All living things are given graces - the birds fly, the fish swim, the kangaroo hops, and I”ve been given the graces to drive.”
Rainima argued that the reference to God in the preface to the Australian constitution and opening prayers for sessions of Parliament were “inherent legislative recognition” of divine authority, quoted the news.com.au
However, Justice Hidden today dismissed the appeal ruling there had been no credible challenge to the roads legislation.
The judge said that strength of her belief has lead to her remaining in custody from December 15, 2007 to September 14, 2008.
He further reminded Rainima that she was disqualified from driving until May 2023 and if she is caught driving a motor vehicle during that period, she could face a further significant term of imprisonment. (ANI)
Tags: australian constitution, car registration, common law, credible challenge, divine authority, freedom of movement, good behaviour bond, graces, imprisonment, jail term, kangaroo, magistrate, nsw supreme court, opening prayers, registration laws, right to privacy, road taxes, supreme court appeal, sydney woman, unregistered vehicle