Bill Cosby’s 2018 conviction for the sexual assault of Andrea Constand in 2004 was overturned yesterday by the Pennsylvania Supreme Court. The 2018 conviction was heralded as the first high profile man in Hollywood to fall to the #MeToo Movement and set the scene for a floodgate of allegations. Why the Cosby conviction was overturned
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Criminal Cases
Swimming Australia Abuse And Sexual Misconduct Complaints
The complaints levelled at Swimming Australia (SA) concerning physical and psychological abuse and sexual misconduct are concerning. Elite swimmer Madeline Groves has complained about social media about her treatment at training. In doing so, Ms Groves has given life to the #MeToo Movement to swim coaching across Australia. The extent and nature of the problem
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Believe Women And The Rule Of Law
Believe women is a political slogan arising out of the MeToo# Movement. The reason advanced by women is that women who complain of being raped have historically been met with deep suspicion by police, close friends and even family members. Being Found Guilty of Rape Anyone found guilty of rape must be dealt with under
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Should An Accused Give Evidence?
In every criminal trial it is up to the prosecuting authority (prosecution) to “bring its case”. In doing so the aim of the prosecution is to satisfy the court beyond a reasonable doubt the guilt of the accused. Some might believe in lofty ideals that the prosecution is to see justice done. It is quite
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The Jury Verdict And Sentencing Of Michael Chauvin
The much-awaited jury verdict in the criminal trial of former police officer Derek Michael Chauvin is now – guilty of two counts of murder and one count of the manslaughter of George Floyd. On the 25th May 2020 Minneapolis Police arrested Mr Floyd outside a convenience store. Police were called following a complaint by an
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The Rule Of Law & Christian Porter
The Rule of Law has recently been raised by Prime Minister Scott Morrison and the Attorney-General Christian Porter in defence of historic sexual assault allegations levelled at the latter. The term rule of law has been raised so many times in the past few days that it has almost become part of the general vernacular.
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Brereton Report Into War Crimes
The findings of the Brereton Report into war crimes allegedly committed by Australian Defence Force (ADF) personnel in Afghanistan between 2005 and 2016 are contemptible. The findings are that 39 Afghanis were allegedly murdered by some 25 ADF and Special Air Service Regiment (SASR) soldiers. However, soldiers in war zones are permitted to use deadly
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Character Evidence In Court
Clients who for the first time in their life find themselves accused of a serious crime often ask whether their good character can be used in court to show that they are good people and couldn’t have done the crime. The short answer is yes. The short answer is yes. The fact that they have
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Cardinal George Pell’s Convictions Quashed By The High Court
Cardinal George Pell will be freed from Barwon Prison today after the High Court quashed his convictions finding that: “a significant possibility that an innocent person has been convicted because the evidence did not establish guilt to the requisite standard of proof”. The High Court also took aim at the Victoria Court of Appeal which
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Harvey Weinstein Convicted With Appeal Pending
Harvey Weinstein was convicted by a jury of two counts and acquitted on the more serious charge involving predatory behaviour. As to be expected his trial lawyers have announced that they will mount an appeal in the hope that an appeal court will agree with the defence that the evidence upon which he was convicted
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