Hard Cheese
Critical Thinker
Read the first sentence of the paragraph
This is just a Law Reform Commission report (and an interim one at that), they're just looking at the current laws to see how they can be improved
Gable Tostee
- Thread starter Samson
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Read the first sentence of the paragraph
This is just a Law Reform Commission report (and an interim one at that), they're just looking at the current laws to see how they can be improved
I understand that. But it also references that NSW has implemented the exception to double jeopardy, doesn't it? I'm not trying to be argumentative. I'm interested because I know this stuff can be ambiguous.
Hard Cheese
Critical Thinker
The Law Commission's recommended exceptions to double jeopardy laws (The Law Commission (LAW COM No 267) DOUBLE JEOPARDY AND PROSECUTION APPEALS p127-) were primarily applying to cases where a defendant had been acquitted and subsequently fresh and compelling evidence was uncovered, or evidence of tampering with the judicial process was found. At least those two recommendations (possibly others) made their way into state laws (in Qld, Criminal Code (Double Jeopardy) Amendment Act 2007).
All the evidence was presented to the court and jury, as far as I can see there is no way to appeal under these amendments.
Bear in mind I am a complete armchair expert
quadraginta
Becoming Beth
The Law Commission's recommended exceptions to double jeopardy laws (The Law Commission (LAW COM No 267) DOUBLE JEOPARDY AND PROSECUTION APPEALS p127-) were primarily applying to cases where a defendant had been acquitted and subsequently fresh and compelling evidence was uncovered, or evidence of tampering with the judicial process was found. At least those two recommendations (possibly others) made their way into state laws (in Qld, Criminal Code (Double Jeopardy) Amendment Act 2007).
All the evidence was presented to the court and jury, as far as I can see there is no way to appeal under these amendments.
Bear in mind I am a complete armchair expert
Me too, but I can see how a judge giving invalid instructions to a jury which had the effect of forcing an error in verdict could be viewed as "tampering with the judicial process."
Were this to be the case then the trial itself could be determined to be null and void. This could mean that double jeopardy would not attach, as no proper trial had taken place to begin with.
I am personally persuaded this full account is a more than adequate explanation for what happened.
1. He explains that his lawyer did not answer and he had no wish to be explaining anything to police on his own in the early hours'
2. Why he recorded a lot of things.
3. That he bought one slice of pizza, the easiest food available.
4. He refused a plea deal.
5. He is sane and articulate within the context of putting the most favourable spin on the tragedy.
http://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=11734484
1. He explains that his lawyer did not answer and he had no wish to be explaining anything to police on his own in the early hours'
2. Why he recorded a lot of things.
3. That he bought one slice of pizza, the easiest food available.
4. He refused a plea deal.
5. He is sane and articulate within the context of putting the most favourable spin on the tragedy.
http://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=11734484
Double Jeopardy arises out of cases where a person traditionally was not to be subjected to trial for the same crime twice after an acquittal. It has morphed into more in contemporary times that is an acquittal alleged to be inconsistent with the verdict or new evidence - neither which could apply in Tostee. If it were to be applied to Tostee it would be under the original meaning. There have been a number of retrials after convictions are quashed that have been sent back for a retrial, Lundy in particular seems to be one where the traditional double jeopardy rule should have applied because essentially the Crown introduced a new case after having the first conviction struck out for, amongst other things, withholding material evidence.
Hard Cheese
Critical Thinker
By tampering I mean administration of justice offences under s119-132
Retaliation against or intimidation of judicial officer, juror, witness etc
Judicial corruption
Official corruption not judicial but relating to offences
Corruption of jurors
Perjury
Fabricating evidence
Corruption of witnesses
Deceiving witnesses
Damaging evidence with intent
Preventing witnesses from attending
Conspiracy to bring false accusation
Conspiring to defeat justice
This is a really interesting article on double jeopardy laws, and their current form as they apply in Queensland...well worth a read.
http://www.austlii.edu.au/au/journals/QUTLawJJl/2007/7.html#fn223
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Interesting read.
If it's actually written by him I will have to re evaluate my opinion of him just being boof head
Agree on the spin though
It is clearly written by him, it could probably be shown whether someone helped edit by comparing other of his posts, but his lawyers seem to be not involved. Since the police could also read it I am stunned they would file murder charges
when a reasonable explanation was bound to get in front of a jury.
Considering he could have sold that as a 2 parter on 60 minutes or the other shows for a few hundred k it also shows he isn't that big a tosser
banquetbear
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...awwwwww. Poor guy. For a whole week, he was unable to smile! A WHOLE WEEK!
"A less forgiving man could have quite conceivably exercised less restraint and retaliated violently."
Awwwww. It really is all about him isn't it?
What a horrible man. You can feel the narcissism dripping of every word he wrote.
BWAAAAHAHAHAHAHAHAHAHAHAHA!
Oh Samson, please don't change.
That post was of course written in 2014. Selling it as a 2 parter on 60 Minutes when he was facing trial for murder would have been stupid. He was a tosser when he wrote it, and he is still a tosser now.
And I'm still waiting for that cite.
You missed him saying "metal object" which no normal person would say in a sentence. They would just say what it is.
But I still think it's fairly reasonable though slanted to him.
Not sure what all your aaaaaawwwws or whatever a supposed add to you views.
Remind me what I'm supposed to cite.
You keep turning up continuing some conversation from days ago.
Hard Cheese
Critical Thinker
I didn't realise they'd offered him a deal to plead guilty to manslaughter. Clearly the Crown weren't that confident of a murder charge sticking.
Sounds like it was aim high get low
banquetbear
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...can someone turn the "cullennz" to "english" translator on again? I have no idea what this sentence means.
Slanted? Well he was hardly going to write something that was going to put him in jail was he? He's a boofhead, but not completely stupid.
Awwwwww. You don't understand why I went AWWWWWWWW.
You claimed I said "You said the decision was wrong." I want you to back that claim up.
Because you accused me of stuff I didn't say or do in a prolonged attack on my posts: and you haven't as yet apologised or even acknowledged you got it wrong.
PhantomWolf
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Out of curiosity, how long should a person be broken up and distressed over the death of a person they only knew for a matter of hours?
As a personal note here, a few months ago my father died from complications to do with surgery. I wasn't emotionally effected at all. This is mostly because he hasn't been a part of my life for 30 years and we'd only just started to remake contact, having exchanged a couple of emails. Different people have different responses to loss, and we're talking about two people that knew each other for less than 12 hours, it's not like she was the love of his life and had known each other for twenty years.
I honestly see shades of Knox in this case. The Media created a bad guy and spread that image, and people try and force their expectations onto Tostee and when he comes up short they pillory him for it.
PhantomWolf
Penultimate Amazing
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Oh, and can someone explain how the balcony was unsafe? It is larger then my kitchen and was furnished with chairs and what appeared to be a sunbed. The glass fence across it looks a least 4 feet high, so was a good height to prevent accidental falling off, so how is it dangerous?
Climbing over the protective fence may be dangerous, but that's like saying that my kitchen is dangerous because someone could get a knife out of the drawer and stab themselves with it.
Climbing over the protective fence may be dangerous, but that's like saying that my kitchen is dangerous because someone could get a knife out of the drawer and stab themselves with it.
He said she was going to hit him with a "metal object"
No one says that
Did you not read it?
I sincerely apologise. I was completely wrong. You were right. I'm a worm. An insect. Nay. Just filth in your presence.
Does that make you feel better?
PhantomWolf
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Really? No one? Ever? In the entire History of the planet?
Once again this is creating a situation based on your belief and then measuring someone else against your fictitious ideal.
banquetbear
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...1.5 years. Give or take a week.
My condolences.
But you are missing the point. Tostee wrote "For at least a week after it happened I was so overwhelmed I was unable to laugh or even crack a smile." He wrote that post to illicit sympathy for himself. But I don't give a **** about him. It isn't about him. He isn't dead.
Tostee though, IMHO, is a bad guy. The media aren't responsible for me forming that opinion. I've formed that myself, based on his actions and his words. Because he really is a nasty piece of work. There are no shades of "Knox" here at all.