Genuine Traumatic Memory Fragmented but Persistent Strong Emotional Charge Consistency of Core Details Unwanted Intrusions Contextual Gaps False or Reconstructed Memory Summary:
Criminal Cases
Nature of Memory
In this blog and the next two ones, we look at memory focusing specifically on the complainant in court alleging that they were sexually abused. We find through our extensive experience reading trial briefs disclosed by the prosecution including the complainant statement or child interview and many other pieces of documentary information that we study
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Delay In Reporting – Criminal Trials And The Abolishment Of The Longman Warning
A long-standing principle in common law considered a delay in making a complaint could be raised before a jury to caution them before they convicted an accused. When I say long-standing, this principal goes back to Medieval times between 1200 AD and 1300 AD where the term Hue and Cry was a feature of the
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When Does Workplace Behaviour Become An Offence?
A medical (GP) recently faced the WA Medical Board (Board) after complaints from two receptionists employed on a casual basis at his northern suburbs medical practice. The GP has been practising since 1986 and appears to have never been the subject of a complaint. The incidents took place in 2022. The complainant did not bring
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Problem with Delayed Prosecutions
When a client presents in our rooms accused of historical sexual assault, our mind immediately turns to the difficulty that the prosecution has in proving the case and the difficulty in defending the case. Historical allegations of sexual assault have complex evidential matters to be considered for both the prosecution and defence. Of course, the
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Is This Another “Me Too”
Veteran broadcaster Alan Jones is facing eight additional charges of indecent assault relating to an alleged tenth complainant as he faces court for the first time in Sydney today. Last month the 83-year-old was charged by the Child Abuse Squad with a total of 26 offences against nine victims. Already, Mr Jones and his lawyers
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Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369
Bruce Lehrmann’s defamation claim against Channel 10 and Lisa Wilkinson is now finalised. In the Federal Court Justice, Michael Lee found that Bruce Lehrmann had in fact raped Brittany Higgins in Parliament House in the early hours of March 23, 2019. His Honour found that Channel 10 and Lisa Wilkinson had not defamed Bruch Lehrmann
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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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Lehrmann Trial Discontinued
The ACT Director of Public Prosecution’s (DPP) decision to discontinue the Bruce Lehrmann-Brittany Higgins trial is an extremely rare decision by a prosecuting authority, especially in alleged rape cases. It was revealed today that the DPP had received expert medical advice that a retrial would pose an unacceptable risk to Brittany Higgins life. She is
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Aborted Trial – Brittany Higgins Comments
The trial of Bruce Lehrman was aborted this morning after it came to light that a juror had brought into the jury room research material from external sources (see corresponding Blog). This blog puts the comments made by the defence and the comments made by Brittany Higgins outside court into a legal framework. Outside court,
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