Australia Australia - William Tyrrell, 3, Kendall, Nsw, 12 Sept 2014 - #36

Discussion in '2010's Missing' started by Coldpizza, Sep 11, 2016.

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  1. coincidencehasreason

    coincidencehasreason Active Member

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  2. coincidencehasreason

    coincidencehasreason Active Member

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    There might have been other evidence found in POIs houses that we don't know about. Like Viagra, Sedation drugs etc . Was it not too late to do DNA search in the bush? Are DNA relevant after 4 years?
     
  3. iailwa

    iailwa Former Member

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    DNA is relevant in 4 years (sometimes 50 or more), but if the scene is outdoors DNA can become quickly degraded due to environmental factors - rain, water (if placed in a body of water), heat, micobrobe activity, etc - finally something i can bring from my studies :)
     
  4. Bohemian

    Bohemian Well-Known Member

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    Sunlight (UV) light too ;)
     
  5. Lemony

    Lemony Well-Known Member

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    Committal Mention for BS next month in Vic
     

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  6. Bohemian

    Bohemian Well-Known Member

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    Thanks L x
     
  7. Bohemian

    Bohemian Well-Known Member

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    FYI:

    Committal Mention:


    A preliminary hearing prior to the full committal hearing.*

    Permission to cross-examine witnesses may be given, matters in dispute will be discussed and a date for the committal hearing can be set at this stage. The Court may also hear and determine some charges if the accused pleads guilty.

    (*Committal Hearing
    A hearing where a magistrate will hear evidence of the prosecution and decide whether a properly instructed jury would convict the accused. This is the last hearing a matter will have before it proceeds to a higher jurisdiction.)


    Types of Hearings | Magistrates' Court of Victoria
     
  8. sosocurious

    sosocurious Well-Known Member

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    Will BS waive this committal hearing?
     
  9. Bohemian

    Bohemian Well-Known Member

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  10. Bohemian

    Bohemian Well-Known Member

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    What, and go straight to trial?

    btw I don’t think there are ‘judge-only trials’ in Victoria, are there?
     
  11. sosocurious

    sosocurious Well-Known Member

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    I think you are right.
     
  12. stormyseas

    stormyseas Well-Known Member

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    It says the accused is not represented. Does that mean BS doesn’t have a lawyer?
     
  13. Amalgam

    Amalgam Well-Known Member

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    I was asked to provide some insight into the legal proceedings involved with a committal mention, and committal hearing in this thread. Please note that I’m not a lawyer, but the below is my understanding.

    There are a few stages before a serious criminal matter ends up being dealt with at a trial.

    First, once police make an arrest and press charges, it must be determined if there is enough evidence to send the matter to trial. This is the purpose of the committal process.

    The first hearing in the committal process is called a Filing Hearing. At this hearing, a magistrate will determine and set dates by which the prosecution and defence must exchange relevant information (for example serving briefs of evidence). Bail applications can also be lodged at this time, if relevant. A date for a commital mention will also be set.

    At the commital mention hearing, the court will hear what areas exist where there is disagreement between the parties, which are called the matters in dispute. Witnesses can sometimes be cross examined at this stage if the magistrate gives permission.

    If the accused chooses to plead guilty, some matters may be heard and determined at this stage, the accused getting credit when sentenced for resolving the matter at this early stage.

    If the accused is not pleading guilty, a date is set for the Committal Hearing, where the matters in dispute & the evidence against the accused will be heard in court. The number of witnesses, their availability and the number of matters in dispute will help determine the date and expected length of the Committal Hearing. The nature of the matters in dispute may help to determine which witnesses are needed at the Committal Hearing.

    At the Commital Hearing, the magistrate will hear the evidence of the prosecution & decide whether there is enough evidence to send the accused for trial. If the matter is sent for trial, it will proceed to a higher jurisdiction. That trial will determine the guilt or otherwise of the accused, but may afterwards be subject to an appeal in a higher court.

    As Bohemian suggested, judge only trials are not an option in Victoria.

    If there are any questions regarding them, I’m happy to answer them to the best of my ability.
     
  14. For refreshing:
    March 2017
    Spedding fails to appear on Victorian charges

    Some of the offences Spedding is facing in NSW involve the same complainant as the matters before the Ballarat Magistrates' Court.

    The Victorian offences are alleged to have occurred in Clarendon near Ballarat and other regional locations.

    Court documents show Victoria Police had charged Spedding with multiple child sexual abuse offences, including various counts of indecent assault and sexual intercourse with children between 1983 and 1985.
     
  15. Bohemian

    Bohemian Well-Known Member

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    Thank you, Amalgam.
     
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  16. Amalgam

    Amalgam Well-Known Member

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    Not necessarily - whilst that IS what it is supposed to indicate, I’ve often seen defendants who certainly have legal representation listed as not represented.

    For example, Borce Ristevski retained a lawyer months before he was arrested, but has often been listed as unrepresebted, even for for his Committal Hearing, having had his legal form of choice represent him in previous hearings into the matter.
     
  17. Wexford

    Wexford Well-Known Member

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    Do you know why they might choose to list as unrepresented despite having a lawyer? Is there some reason for doing that? Maybe so the prosecutor is unaware of who they are dealing with? I can't really see that as a reason....I'm just guessing.
     
  18. iailwa

    iailwa Former Member

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    Just a thought.. How many of our suspects & POIs - have had charges laid against them? All of them, except BS? & it looks like he may well soon. I would go out on a limb to say there are other child sex offenders living in Kendall & close surrounds... I know the % of child sex offenders in the community is hard to determine - I've been reading about 2% on average. Does anyone else (like @Bohemian :) ) know the most up to date stats? I know your stats are great Bo. I would be curious to know how many offenders would be in a town of kendall pop about 1500. If it was 2% that would be 30 people??? shite don't have my calculator - 3? Thirty sounds more realistic, but so so sad & bad. Of them, god knows how many of them the police would know about, seems they know at least a few more than us. Wonder how BS will go at court? Wonder if BS was there that day, despite what conviction he may get? MOO
     
    Last edited: Jul 24, 2018
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  19. Bohemian

    Bohemian Well-Known Member

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    Yes, all of them have had charges laid against them, only BS hasn’t been convicted . . . yet.

    I don’t have any stats on the percentage of CSO’s in the population but I will have a look around for current estimates, if available.

    If 2% it would be 30 CSO’s in a population of 1500, yes. I seem to remember that an MSM article stated there were 20 RCSO’s living in and around the area where William disappeared, at the time.

    Your guess about the result of BS’ committal mention and, possibly, committal hearings are as good as mine.

    I wonder what BS was doing on the day William disappeared too. I guess we’ll only hear the argument about that if he is charged in connection with William’s disappearance and the matter goes to a committal hearing.
     
    Last edited: Jul 25, 2018
  20. SouthAussie

    SouthAussie Well-Known Member

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    Oh thank goodness .... finally!
    Let's hope some justice is served for the affected children.
     
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