Discussion in 'Allison Baden-Clay of Australia' started by summer_breeze, Jul 8, 2012.
A special place for all our knowledge members, law and order, subjudice, etc......
I was going to make a new thread for this then noticed our lovely Summer had made one back in 2012.
For the media side of it...
From the time somebody is arrested, charged or a warrant is issued, up to the moment when the court finishes dealing with it, the case is said to be sub judice. This is a Latin phrase meaning "under judgment". While a case is sub judice, you are strictly limited as to what you can report.
You may only give details of what is happening officially within the legal process. In practice this means only information which is part of a charge or details which are part of actual court proceedings. You may also mention some details which are not likely to be contested in court.
Several kinds of reports while a case is sub judice may prejudice a fair trial. One has already been mentioned - publishing details of the defendant's previous convictions.
The law of sub judice has a long history from its common law base. Sub judice simply means 'under judicial consideration'.
There's mountains of info on all these links...
Going to court
Media and the public
Supreme, District and Magistrates Courts
Supreme and District Court virtual tour
The following illustration provides you with a virtual tour of the Supreme and District Court.
Supreme Court and District Court
If the defendant pleads not guilty the trial may proceed as follows:
The prosecution will start first in a trial. This may include:
•the Crown prosecutor will stand and outline the evidence against the defendant
•the bailiff will often call out the name of witnesses from outside the courtroom, escort them to the witness box and ask them to swear an oath on a holy book or make an affirmation to tell the truth
•the prosecutor will obtain evidence from each witness by asking questions. This is known as the evidence in chief
•the judge may also ask each witness a few questions.
In cases where the court is closed, members of the public are not be allowed in the courtroom while a witness gives evidence. The jury will be present.
After the Crown prosecutor has questioned a Crown witness:
•the defence lawyer or the defendant may then question (cross-examine) the witness to confirm or contest their evidence
•the Crown prosecutor may re-examine their witness to clarify anything said.
When there are no more Crown witnesses, the defence lawyer or defendant may call defence witnesses and repeat the whole process.
The defendant is not obliged to call or give evidence
The Honourable Justice John H. Byrne will be the judge presiding over GBC's trial.
Image source: http://www.couriermail.com.au/news/...enslands-longest/story-e6freoof-1226358706422
Barrister, Queensland Bar.
Click on image to enlarge.
View attachment 44032
Todd Fuller, far right of image.
Todd Fuller obtained his Bachelor of Laws (Hons) from QUT. In 1989, Todd was admitted as a barrister of the Supreme Court of Queensland, in August 1989, Commission to Prosecute in the District, Supreme and Circuits Courts of Queensland and in November 1989, admitted as barrister of the High Court of Australia and Federal Courts of Australia.
Todd commenced his career in 1988 as Instructing Clerk, Director of Prosecutions Office. He then went on to advance his career at the Director of Prosecutions Office, Brisbane in the roles of Instructing Officer, Preparations Prosecutor, Preparations Officer I-11 (PO4 equivalent) and then Crown Prosector File Review, Senior Crown Prosecutor and Legal Practice Manager, Office of the Director of Public Prosecutions. In November 2001, Todd was appointed the Principal Crown Prosecutor and Legal Practice Manager, Office of the Director of Public Prosecutions, Ipswich. In July, 2003 Todd was appointed as Principal Crown Prosecutor, Brisbane and in February, Head of Sturgess Chambers.
GBC's trial will not be the first time that Todd Fuller QC and Michael Byrne QC (for the defence) have come up against each other in a court of law.
Crown Prosecutor Danny Boyle.
Click image to enlarge.
View attachment 44034
Michael Byrne QC.
Click image to enlarge.
View attachment 44035
Michael Byrne QC, Barrister-at-Law, Queensland Bar was first called to the Bar in 1977 and took silk in 1993. Michael specialises in criminal law and has appeared in a number of the seminal High Court cases emanating from Queensland. He was, formerly, an Acting Judge of the District Court and the Queensland Deputy Director of Public Prosecutions. He presently has chambers in Brisbane.
Peter Shields Criminal Law Solicitor.
Click image to enlarge.
View attachment 44036
Separate names with a comma.