NO BAIL! Australia - Allison Baden-Clay, Brisbane QLD, 19 April 2012 -#28

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SoSueMe

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Please remember the following when discussing the Allison Baden-Clay case:
Websleuths is a moderated forum. We strive to discuss cases in a friendly environment.

Our rules can be reviewed here: The Rules (PLEASE make sure you know the rules!)


Currently, we are considering Allison's husband to be a suspected person of interest in this case. There is a possible second party involved per MSM and it is okay to discuss that aspect, but please refrain from accusing anyone of murder at this juncture. Speculating is one thing, accusing is another.


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REMEMBER: No cutting and pasting of comments from other social or media websites. You may paraphrase and provide a link.

The only social media sites allowed are those belonging to the victim, Gerard Baden-Clay and any named (by law enforcement) POI or Suspect, or site created and devoted to the murder of Allison.


Media/Timeline Reference Thread: CLICK HERE



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Please continue here...
 
..... ok 5 mins of silence - no one saying anything - we need to get to bed! Goodnight, sleep tight great posters. :eek:fftobed:
 
I've been wondering about GBC.... Who is he, what is he like, how does he put himself across to people?
I know that a lot of us have our opinions - I sure as heck do, but I'm wondering if those that did meet him or know him could give us some insight.

I guess I'm interested in the basics, is his voice soft like in the interview or is he normally jovial and confident? Does he have a decent handshake? Does he like to plan things or is he a spur of the moment kind of guy?

If anyone could enlighten me /us I'd sure appreciate it! I guess in my head I have this image, I'm just trying to work out how accurate I am.

TIA
 
This could be it! Would anyone in Oz think that the fifth amendment was part of their own constitution in the express of rights?????????? I think so. More than half of our citizens don't know the name of our Vice President, so "they" say.

(I'm still not sure who "they" are, but "they" do throw out a lot of statistics).

I wonder if there is a type of fifth amendment in the express of rights. I took a brief look and didn't see it.

Constitution of Australia - Wikipedia, the free encyclopedia

Kimster, in Australia, IMO, the right against self incrimination is not specified in the Australian Constitution. Australia has a common law (judge made law) right against self incrimination. IMO, this right against self-incrimination provides an immunity from an individual's obligation to provide information that goes to prove their own guilt. Refer to the Australian High Court case of Sorby and Another v The Commonwealth of Australia and Others (1983) 152 CLR 281. As the law currently stands, the right against self incrimination may be overturned by federal, state or territory legislation.

IMO, the right against self incrimination does not mean that a person has the right to not answer any questions whatsoever. Under the right against self incrimination, a person is not required to provide information that may expose that person to conviction for a crime. A person may still be compelled by legislation to provide information, for example, a person’s full name, address and produce proof of identification eg. Drivers Licence. Also, a law enforcement agency may have the power under legislation to take a person's finger print, blood and hair samples in certain circumstances eg. by either consent or Court Order.

As CaseClosed said in Post 802 of Thread 27, Australia also has a right to silence. IMO, the right to silence is broader than the right against self incrimination. A person's right to remain silent applies, for instance, when being questioned by the Police in a criminal matter. That is, the Police cannot force a person to speak to them about anything except matters required by legislation to be responded to, such as the person’s name and address.

IMO, the right to silence also extends to criminal trials in which the defendant does not have to give evidence. If, however, a defendant chooses to give evidence in Court and thereby foregoes their right to silence, the Prosecution may cross examine the defendant. MOO :moo:
 
Kimster,

We don't have a Bill of Rights in our Constitution, so I can't imagine why he was looking up the fifth amendment.

What it says to me, is that he doesn't have a good grasp of the law and he was naive in thinking he could talk his way out of this mess IMO.
 
Who won the cricket at Brookfield today, sorry yesterday now? Great effort with the fundraiser in excess of $20,000. Great community, great spirit.
 
Don't they still have to say you have the right to remain silent when they are arresting people on Australian police shows? I thought they did, but with slightly different wording from the US.
 
Kimster,

We don't have a Bill of Rights in our Constitution, so I can't imagine why he was looking up the fifth amendment.

What it says to me, is that he doesn't have a good grasp of the law and he was naive in thinking he could talk his way out of this mess IMO.



Hello all, I am unsure if this will be of any interest to you, I found it very interesting.

http://expertrealestate.blogspot.com.au/2008/02/making-history.html
http://www.didp.com.au/index.cfm?action=home:page.adam-bayden-clay
http://www.scoutscan.com/issues/2007annualreport.pdf:what::waitasec:
 
Don't they still have to say you have the right to remain silent when they are arresting people on Australian police shows? I thought they did, but with slightly different wording from the US.

You are not obliged to say or do anything unless you wish to do so, but whatever you say or do may be used in evidence. Do you understand?

[ame="http://en.wikipedia.org/wiki/Miranda_warning"]Miranda warning - Wikipedia, the free encyclopedia[/ame]
 
• the police officer states ‘you are under arrest’ (or similar words);
• the police officer states the reason for the arrest; and
• you either voluntarily give in to the offi cer’s control, or are
physically subdued by the police offi cer.
Sometimes, the police will only tell you that you are under arrest
after they physically take charge of you.
You may be arrested by the police if they have a warrant (that is,
written authorisation from the court signed by a judge, magistrate
or justice) for your arrest.
 
Despite a widely-held belief that police must ‘read you your
rights’ before arresting you, in fact, the Queensland police are not
required to give you a warning prior to arresting you. Sometimes
police offi cers will advise you about certain rights you have before
arrest; however, police are not required to caution you about your
right to silence unless they want to question you as a suspect
about your involvement in an indictable offence.19
Queensland’s criminal law system should not be confused with the
American legal system that is so often presented on television, with
it’s ‘Miranda warning’ requirement, which is quite different to the
legal processes here.
The police in Queensland normally must tell you (a) that you are
under arrest and (b) the basis of your arrest. You should always
ask the police offi cer if you are under arrest and why if it is not
clear. Remember what they say and when they say it, and write the
details down as soon as possible.
 
what the police usually say to one of my brothers friends, is, ...

'you know the routine, Brett.'

and thats all they say, actually. And they are right. he knows it.
 
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