Viewing entries posted in June 2015
The Criminal Lawyers Association of the NT (CLANT) Conference last week in Bali was a great forum with a good range of papers on the theme of "Curing Injustice". It was attended by 120 delegates from every State/Territory in Australia, other than the ACT (numbers were down on the previous conference due to the boycott of the conference by some people due to the recent and tragic executions of two members of the Bali Nine). The audience consisted of numerous NT Supreme Court Judges, Magistrates (soon to be Local Court Judges), the NT Coroner, the NT DPP, prosecutors, legal academics and lawyers. There were also useful presentations from eminently qualified individuals on evidence hypotheticals, advocacy and ethics/etiquette. The jurisdictional round-up which outlined key events and developments over the last two years in each jurisdiction (other than the ACT) was also of great interest.
Dr Bob Moles of Networked Knowledge recently drew my attention to the Canadian case of Salmon where a man convicted of homicide has now been cleared based on expert evidence showing that the death of the female victim involved a fall rather than a blow or homicidal attack. See http://netk.net.au/Canada/Canada12.pdf
The Bill to deal with the new conditions regarding the Tasmanian DPP and Solicitor-General was to be introduced in June. This did not occur. It appears that the Law Society has expressed concerns about aspects of the Bill including new term limits and the potential for political interference in the role. See http://www.examiner.com.au/story/3154557/dpp-bill-stalls/
Apologies for the lack of entries over the last few days. Have been attending the Criminal Lawyers Association of the NT (CLANT) biennial conference in Sanur Bali with the theme of "Curing Injustice". The conference has attracted around 120 delegates including judges, magistrates, Coroners, academics and lawyers from jurisdictions throughout Australia. Eve Ash and I did a one hour plus presentation yesterday on Miscarriages of Justice and the Sue Neill-Fraser case in Tasmania. I specifically covered what we had NOT learned 30 years on from Chamberlain. Delegates also had the option of watching the AFI nominated doco Shadow of Doubt at the end of the day and a surprisingly good number of delegates stayed on after a long day to watch the 1.5 hour movie.
I am providing the following comment in the public interest.
Miscarriages of Justice: Case Studies from the International Society for the Reform of the Criminal Law Conference 2006
Found a very interesting paper from the 2006 Brisbane International Society for the Reform of the Criminal Law Conference entitled "Wrongful Convictions: Some Case Studies Preventing Miscarriages of Justice" by Donald J Sorochan QC from Vancouver, Canada. See http://www.isrcl.org/Papers/2006/SOROCHANJusticeCanadaWorkingGroupReport.pdf.
Rally for Sue Neill-Fraser this Saturday 20 June 2015 on Parliament House Lawns in Hobart - "Songs for Sue" - National Interest in Case Growing
The Grand Jury band from Melbourne will be playing "Songs for Sue" live on Parliament House lawns in Hobart this Saturday 20 June 2015. Sue will have been in gaol 6 years in August 2015 (as she was not granted bail prior to her 2010 trial). See the Tasmanian Times coverage regarding the rally here: http://tasmaniantimes.com/index.php?/weblog/article/when-will-justice-be-done/ and The Mercury coverage here: http://www.themercury.com.au/news/tasmania/neill-fraser-supporters-to-hold-rally-as-information-reward-increased/story-fnj4f7k1-1227401124348
Can Government be Held Responsible for Not Acknowledging and Remedying a Miscarriage of Justice? Supreme Court of Canada Ruling Due on Friday 19 June 2015
Discovered an interesting appeal decision that is about to be handed down by the Supreme Court of Canada on Friday morning 19 June 2015. See http://scc-csc.lexum.com/scc-csc/news/en/item/4935/index.do
Defective or Incompetent Police Investigation Leading to a Miscarrige of Justice - High Court decision in Penney v R (1998)
Just finished reading the High Court decision in Penney v R HCA 51;(1998) 155 ALR 605; (1998) 72 ALJR 1316 (13 August 1998) after picking up on the case in a Miscarriages of Justice article from the NSW Criminal CLE website. See my blog posting of 14 June 2015 here http://www.betterconsult.com.au/blog/miscarriages-of-justice-on-appeal-some-irregularity-in-the-system-of-criminal-justice/.
Liam Bartlett has written a major article appearing on Perth Now today (14 June 2015) entitled "WA's Unsolved Murders - Is there a Major Issue with Major Crime?. He refers to current internal issues within Major Crime and what he regards as inadequacies or issues in relation to some of WA's unsolved major crimes. See http://www.perthnow.com.au/news/opinion/liam-bartlett-was-unsolved-murders-is-there-a-major-issue-with-major-crime/story-fnhocuug-1227396446166