Recent content by JCB

First post on WS in 4 or 5 years, it's been quite the crazy time in the past few months in regards to missing children. The young fella from Putty, little Cleo and of course the recent developments surrounding William's disappearance. I'd echo the sentiments of Cleaver Greene in that clearly...

Edited.

Ah I see, perhaps these opinions were moderated or deleted before I saw them. It was clearly not a case of suicide and to suggest otherwise would be ridiculous IMO.

I can honestly say I've never come across even a single person that has suggested Warriena's death was the result of suicide, male or female.

Just a few observations now that the jury has returned their verdict, I'll try to be brief as possible. This was a line ball case (at best) from the start and one of the first indications was when Gable was granted bail. In QLD, there is a presumption against bail for those accused of murder...

Afternoon all, sorry I only just got out of court myself. Have only heard snippets of what's going on, will report back when I've had time to catch up on today's happenings.

To a degree yes, but it would be improper to introduce any evidence that ran counter to the evidence presented during this trial. I doubt you'd see any material differences though, the Crown would have canvassed all possibilities prior to the commencement of this trial, knowing that their case...

Justice Byrne would then discharge the jury and it would be up to the ODPP (prosecution) whether or not to retry Gable Tostee.

Potentially, but it's difficult to say if the ODPP will proceed with one. If the case wasn't so high profile I'd suggest a retrial would be extremely unlikely but the weight of public opinion might be enough to persuade them to retry. I doubt you would see murder on the indictment next time...

Just to clarify, that only applies to offences that carry a mandatory sentence of life imprisonment (murder and a couple of others) as opposed to a maximum of life imprisonment. Manslaughter can be decided upon by majority verdict, murder cannot.

Senior Counsel and Queen's Counsel are the same thing. Mr Cash took silk late last year.

Glen Cash is a QC.

In the vast majority of trials that is the case but it's not available in murder cases or other cases where there is a mandatory penalty of life imprisonment. Has to be unanimous here.

Well as I said earlier, I haven't had a lot of time to analyse Justice Byrne's directions/definitions but my first thought is that removing someone from one's home means removing them from the habitable portion of the property. If we imagine someone being escorted out the front door onto a...

For all those being critical of Justice Byrne it's important to remember that he presided over Gerard Baden-Clay's trial which withstood the scrutiny of the full bench of the High Court of Australia. He's not an idiot, his directions are being given for a reason.