Last month Judge Heron found that Barry Cable had assaulted a women many decades ago. The finding was made in the civil jurisdiction of the District Court. The victim was awarded monetary damages. Judge Heron applied the civil standard of proof that is on the balance of probability Barry Cable assaulted the woman. In other
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Blogs
Senator David Van Resignation
Senator David Van resigned from the Liberal Party after Senators Lydia Thorpe and Amanda Stoker, and a third unnamed female, levelled allegations of sexual misconduct against him. Opposition Leader Peter Dutton was quick to remove Senator Van from the Liberal Party Room and within days Senator Van tendered his resignation. Sexual Allegations Vs Unlawful Conduct
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Barry Cable Sexual Predator
The recent finding by District Court Judge Mark Heron that AFL “legend” Barry Cable had sexually abused children in the 1980s and 1998s needs to be considered in context. Barry Cable has never been charged by police with sexual offences. Judge Heron found that Barry Cable was a sexual predator in civil proceedings. The Finding
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The #MeToo Movement – Watering Down Prosecution Due Diligence
An article published in The Australian Newspaper, Saturday 17 June 20223: Judges slam ‘Me Too’ trials mirrors exactly what I have blogged here since 2019. The article takes a slightly different angle in which NSW District Court judge Paul Conlon comments: ….cases of alleged sexual assault are: ….being pursued with no reasonable prospect of conviction…
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Trespass or Burglary?
Both trespass and burglary have to do with property (land and buildings) and the person. It is vital that the distinction between trespass and burglary is known because in terms of penalty, someone charged with trespass usually receives a fine whereas someone charged with burglary – especially if the premises was a home and occupied
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AFL Brain Injuries
AFL legend Gary Ablett senior is suing the league and his former clubs Geelong and Hawthorn for concussions he says gave him brain damage. His action is brought before the Victorian Supreme Court. Other AFL players alleging brain injuries are following suit. What can be made of this. Contact sports expose players to the risk
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Rabia Siddique vs Anthony Bell
The recent case of the alleged Assault Occasioning Bodily Harm between the accused Anthony Bell, director of medical services at St John of God Hospital Midland, and the complainant Rabia Siddique, a former international human rights lawyer, is telling on a number of fronts. Points of consideration Firstly, this case demonstrates that allegations of domestic
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Children on the Sex Offender Register
WA Today online tells the story about a 15-year-old boy ”John” ending up on the sex offender register (SOR) is an appalling example of WA’s draconian, ham-fisted mandatory sex offender laws. We have represented many young boys who on conviction after trial or on their plea of guilty are immediately placed on the SOR alongside
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First Time Alleged Offenders & Mental Health
Repeat offenders There are two categories of alleged offenders. The first category comprise repeat offenders – individuals who are known to police and the courts and are aware of the processes involved to deal with the charges. These individuals are so used to repeated encounters with the criminal justice system their ability to navigate the
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