Former NRL superstar Jarryd Hayne was found guilty of sexual assault on Monday after a seven-day trial in Sydney’s Downing Centre District Court.
The Crown Prosecution played a series of phone calls to the Court from Hayne’s phone in which he discussed the claims made against him by the woman with teammate Mitchell Pearce. Judge Helen Syme has made the decision to release the recordings to the media. A two-second video taken by the woman was also obtained by the Prosecution that showed her white bed sheets with blood stains after the assault.
Hayne was charge with two alternative charges of sexual intercourse without consent after he performed oral and digital sex on the woman after she refused his advances. The woman, who cannot be named for legal reasons, gave evidence that she withdrew her consent from any sexual interaction from Hayne after she found out he had a taxi waiting outside of her house.
Crown Prosecutor Brian Costello told the court that the messages shown to the Court convey that Hayne felt “entitled to just force himself upon her”.
In the various calls and messages shown to the court, Hayne refers to the woman as a “weirdo”, a “cuckoo” and a “young cow”.
Hayne has already expressed his intention to appeal his conviction.
He is next before Newcastle District Court on May 6 for sentence, where he may face the maximum penalty of 14 years imprisonment. He is currently on bail with $50,000.00 in surety, must stay in his local area on the Central Coast and a daily report to police.
With the recent publicity around the sexual assault of Brittany Higgins in Parliament house, and discussions about producing an app that records consent, it is clear that more needs to be done to inform the public and young people about the prevalence of sexual assault in the Australian community and negotiating ways to mitigate such occurrences.
If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.
The political probe to investigate the bombshell claims of Brittany Higgins’ rape is to be suspended, says the AFP commissioner. Just weeks after Scott Morrison ordered an inquiry into investigating the parties who had knowledge about the rape, the Department of the Prime Minister and secretary of the Cabinet Phil Gaetjens secretly paused the probe on March 9. The PM was seeking to verify that his claims that no-one in is his office knew of the assault, is in fact accurate.
The Prime Minister has said nothing about the probe being paused, despite being asked multiple questions in Parliament last week.
Mr Gaetjens emailed the Prime Minister’s office staff to inform them that he would not prepare the documentation, as he believed that he would be “at risk of compromising an investigation and (he is) not willing to do that. This is for the benefit of Ms Higgins.”
Labor Senator Penny Wong immediately retorted, saying, “Do not use her interests as a shield, Mr Gaetjens.”
This has immediately raised concerns over whether the Prime Minister has sought any updates regarding the probe, leaving it all to be answered by Mr Gaetjens who refused any questions.
The Australian Federal Police Commissioner Reece Kershaw has stated this morning that the probe would likely to interfere with the police investigation of the rape. This would also allow for a reliable cover up for the Government, a view supported by the Labor Senators.
Ms Higgins has alleged that she was raped by a Liberal co-worker in March 2019, and that she reported the matter to multiple senior advisers in the Prime Minister’s office and in other ministerial offices.
The Australian Federal Police and parliamentary services and security has stated that they knew there was “an incident” but did not know it was an alleged rape, and further, did not provide her with adequate support.
Commissioner Kershaw was asked whether his letter to the PM this morning was to establish a de facto mandatory reporting policy for rape. He said this is definitely not his intentions.
“It’s not a mandatory report. It may be that the victim does not want any action taken criminally. It is a victim centred approach,” he said.
With the potential mishandling of such a serious allegation, the probe may be the only way of assuring the public that crimes perpetrated by anyone, government employee, or not, are taken seriously. It just looks like it will be a number of months until we get that message.
If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.
Section 12 of the Penalties and Sentences Act 1992 (Qld) gives the Court the discretion to determine whether a conviction should be recorded on an individual’s criminal record if they are found guilty of an offence.
The Magistrate will take into consideration various factors when deciding about recording a conviction including:
- The severity of the offence. If the offence is not considered to be particularly serious compared to others and has no aggravating factors, then the offender may avoid a criminal conviction.
- Individuals’ criminal history. The Magistrate will try to determine whether the individual is a habitual offender, or if the offences are progressively more serious in nature. First time offenders who have not committed a serious crime are more likely to have no conviction recorded.
- The socio-economic circumstances of the individual. The Court will look at whether the individual would be disproportionately affected by having a criminal history – such as a reduction in likelihood of employment due to a criminal record.
Your lawyer would assess each of these factors and present them to the Court to try and reduce your likelihood of having a conviction recorded against you.
Even if there is no conviction recorded, the offence will still be on your history and can only be viewed by very specific people if they are given permission (such as police and courts). It is up to you whether you share this with other people.
You may have your criminal history searched when you apply for a certain job (particularly in the government or in the police service), apply for a visa, adopt a child and potentially with certain types of insurance.
By having no criminal conviction recorded by the Court you can say you have no criminal record. You would have to admit if you are asked if you have been charged for breaking the law, or if you have ever been convicted in the Queensland Courts. You should not mislead people regarding your criminal history, or you may be punished or have your employment terminated.
The court will likely give you a penalty such as a Community Service Order or a fine if they decide to record no conviction, but if you fail to meet these penalties you can be re-sentenced and have the conviction recorded later.
This is not a completely comprehensive discussion on getting a conviction recorded, and it is strongly suggested if you are in this situation that you contact a lawyer.
If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.
Gold Coast mother Maree Mavis Crabtree is alleged to have murdered her two children to make an insurance claim. Ms Crabtree is facing 11 charges including murder, torture, attempted murder, fraud, attempted fraud, and robbery in company and another eight counts of obtaining financial benefit by deception. Tuesday was the first day of the committal mention before the Brisbane Magistrates Court.
Police alleged that Ms Crabtree murdered her children, Erin, 18, and Johnathan, 26, on separate dates in 2012 and 2017, and that he allegedly tried to kill Johnathon 6 months prior to his ultimate death. Both children died from fatal overdoses of oxycodone in the family home on the Gold Coast. Both deaths were initially thought to be suicides. Concerns were raised during the autopsies and Ms Crabtree was arrested in January 2018.
It is alleged that she heavily medicated her children to benefit from disability payouts. The excessive amounts of prescription pain medication for a prolonged period are alleged to have caused them serious health and developmental delays. Both the disability pensions and the insurance for her children’s deaths, allowed her to claim almost $1 million in insurance payouts.
The torture and attempted murder charges relate to another woman known to her and occurred over a seven-year period. Doctors raised concerns years prior that she may be victim of Ms Crabtree, making false claims about her health issues and was subjected to unnecessary medical testing and treatment.
Johnathan’s ex-girlfriend, Katelyn Lofts, told the court that Johnathan was “actually petrified of (his mother) … He just wanted to leave but she would not let him as his name was on the house. Every time he mentioned [Erin], Maree would get angry.”
Ms Lofts also told the Court how she believes that Ms Crabtree poisoned her on at least three occasions when she visited the house.
A friend of Johnathan’s, Cassandra Hopper, said that Johnathon struggled to cope with the death of his sister and that Ms Crabtree had been “very controlling” of him.
“He wasn’t allowed to live his own life, he had to live by her rules,” she said.
Ms Crabtree’s ex-partner Peter McMahon said that when he lived with the family from 2003 until 2008, the children had “no health issues” until one day Erin just “started not to eat, she wouldn’t interact’, in 2006.
During the first day of the committal hearing Ms Crabtree repeatedly rolled her eyes, shook her head and smirked when listening to the witnesses give allegations against her. She has no attended previous mentions before Brisbane Magistrates Court, choosing to remain in custody.
The committal hearing is expected to continue for three weeks, with evidence to be presented by more than 100 witnesses.
If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.
Victorian surgical nurse Edgard Ramirez, 33, has had his nursing registration cancelled after he was found to have child abuse material on his personal devices at Melbourne Airport.
Ramirez posed as a 12-year-old girl named “Angel” in online chat rooms and social media to engage in sexual conversations and send child pornography images to other users. His crimes were discovered when he was stopped by Australian Border Force officers in Melbourne Airport in November 2018 after returning from a short trip to the United States.
He was found with more than 1000 files on his phone and iPad that related to child abuse material. Th material was described as “utterly cruel, depraved and shocking”, by senior members of the Victorian Civil and Administrative Tribunal (VCAT) on Friday.
Ramirez has also been banned from working at any heath service where he would have access to or contact with children for a period of five years.
Ramirez pleaded guilty to importing, accessing, and distributing child pornography. The nurse, who is currently working under a visa, may be deported back to the Philippines after he completes his sentence of three years.
VCAT members have acknowledge while Ramirez has not engaged in criminal conduct in his professional workplace, his conduct has breached the nurse’s code of conduct. The code of conduct recognises that vulnerable people, including children, must be protected from sexual exploitation and any physical harm.
The members said in their judgement, “Even if Mr Ramirez is to depart Australia in the foreseeable future, we intend that our determinations will deter him from reoffending … we also indent that our determination will deter other nurses from such conduct in the interests of maintaining professional standards and public confidence in the profession.”
If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.
Advancement of forensic technology leads to a Gold Coast Man PLEADING GUILTY to 1983 Murder
A Queensland man, Troy O’Meara, has pleaded guilty to a murder, nearly four decades after Linda Reed’s partially clothed body was found in a creek bed. He was only 17 at the time of the heinous attack.
Linda and Robert Reed were newly-weds and building their first home together when Linda disappeared. She was on a lunch break during her shift at a retail shop at Pacific Fair Shopping Centre in December 1983 when she failed to return. Her remains were found three days later in a secluded area in Helensvale, a 30 minute drive from where she was abducted. She was facedown, arms bound behind her and had been sexually assaulted. Her cause of death was the result of drowning, smothering, suffocation, or strangulation.
O’Meara pleaded guilty to one count of rape and one count of murder on Monday.
O’Meara, now 54, received a life sentence in 1985 for another murder, that of Vanessa O’Brien. Ms O’Brien’s case was eerily similar to Linda’s. He again abducted the young woman from a shopping centre, took her to a remote location where he raped and murdered her.
For decades there were appeals for witnesses in the case and a large scale investigation, but Police say the key to reopening the case and charging O’Meara was the advancement in forensic technology.
In his victim impact statement, Mr Reed told the court, “No one can possibly know the pain and anguish I have been through over the last 38 years. After Linda’s murder, as a tribute of love for Linda, I vowed never to have children with anyone else.”
The advancement of forensic technology has allowed for the resolution of thousands of previously cold cases internationally. This case, however, is very close to home for residents of the Gold Coast and it can only be hoped that as science further develops, new life can be brought to other seemingly cold cases both on a domestic and global scale.
“If you have any questions about this article or any other topic of law please call our team of experts on 1300 066 669.”
The Cairns region has lost half of its market from the pandemic and the related border closures, with around 250 local businesses having to close their doors. There are between 700 and 800 businesses still relying on the JobKeeper payments to operate. With the JobKeeper subsidy due to cease at the end of March, there are fears that Cairns will never recover.
Cairns heavily relies on international tourism to maintain their economy and keep many businesses running. Formerly many of the businesses worked to cater the 3500 international tourists prior to the pandemic.
Federal Treasurer Josh Frydenberg is set to visit Cairns this coming Monday to partake in a tour with local industry representatives. There is doubt that a new assistance package will be announced at this stage.
Businesses within the area have shown that they had to begin prioritise targeting the domestic market, only made more difficult by stringent border closures. While there has been some business on a domestic scale, it will never fully bridge the gap that has been left by the lack of international tourists.
Whilst figures have been released that have showed GDP growth has been over 3 per cent for two consecutive quarters, Mr Frydenberg has said that, “We recognise that some sectors and regions are doing it tough, particularly those impacted by the continued international travel restrictions and previous state border closures.”
Clearly businesses feel they need further support, and there are plans underway to provide this to them.
Frydenberg continued, “The government is considering what other supports we can put in place post the temporary JobKeeper payment to ensure Australia’s economic recovery continues.”
Tourism Australia has worked on its $6 million “City Escapes” campaign to encourage Australia’s to travel within our States and Territories.
Federal Tourism Minister Dan Tehan has also endorsed the idea of diverting $150 to students in an attempt to have them visit the Great Barrier Reef and support the economy.
This morning the Victorian Acting Premier, James Merlino, has announced that a ministerial taskforce for sexual harassment in the workplace will be established in Victoria. Workplace Safety Minister Ingrid Stitt and the Minister for Women Gabrielle Williams addressed the media with the Acting Premier for the announcement.
The announcement was made on International Women’s Day following the backlash from the public with regards to the Federal Parliament rape allegations that have come to light.
The taskforce is aimed at ensuring that workplaces are safe environments for all those who are a part of the work force. The taskforce is intended to report back by the end of the year with their findings and recommendations.
One of the key aspects to be considered for the taskforce’s recommendations will be for a mandatory incident notification scheme. This will mean that any allegations of sexual harassment must be reported to WorkSafe.
The members of the taskforce will have representation for the marginalised individuals who are more susceptible to workplace sexual harassment.
Ms Stitt stated that the taskforce is intended to allow victims to come forward without concern about the fallback and that the current system is not working, we need to do more.
What are your thoughts, should the Commonwealth and other States and Territories follow Victoria’s lead?
If you have any questions about this article or any other topic of law please call our team of experts on 1300 066 669.
Treasurer Josh Frydenberg has rejected calls for an Independent into Australia’s Attorney General, Mr Christian Porter, after he revealed himself as being the Cabinet minister accused of the historical rape allegations.
Pressure is building with the public calling for an independent inquiry into the rape allegations against Australia’s top law officer. New South Wales Police closed the investigation last year, stating that there was not enough evidence to continue having been opened in February last year, being suspended in June and formally closed this week. Mr Porter has insisted that he was never contacted by the Police.
There is the legal presumption of innocence, and like every other Australian, the Attorney-General is entitled to the same treatment, but despite the 45-minute press conference held, Labour, the Greens and others refuse to drop their requests for another inquiry.
The government is planning to reject any calls for a further inquiry stating that former Labor leader Bill Shorten was not subject to an inquiry after he revealed a rape claim against him in 2014. Labor has argued that Mr Shorten was interviewed by Police at the time while Mr Porter was not, a key difference in the investigation.
Porter has insisted that claims are false, taking sick leave until the flurry of media speculation and public outrage calms. He has refused to give up his role however it is likely that the public’s conscious will never be soothed until the allegations have been investigated externally.
An inquiry would also allow for Mr Porter to formally respond to the allegations.
The woman at the centre of the allegations went to the NSW police last year but soon withdrew her complaint before taking her own life in June. The pair met after both competing in a Sydney University debating competition.
Part of being in the legal profession is that you are “fit and proper” person, an oath is taken when being admitted to the court. The Australian public must trust that the highest legal officer in the Nation fits that criteria and an independent inquiry into the allegations may be just what is needed to restore this confidence.
If you have any questions about this article or any other topic of law please call our team of experts on 1300 066 669.
For many people Dr Seuss books were a part of their childhood growing up and hearing the stories he wrote. Yesterday the business that protects and preserves the legacy of the famous author, have announced that six of the books you may have read as a child will no longer be getting published.
The illustrations in the children’s books have been deemed racist and insensitive. With Dr Seuss Enterprises’ saying that people are portrayed in hurtful ways in these books.
The titles that will no longer be published are If I Ran the Zoo, Scrambled Eggs Super!, The Cat’s Quizzer, McElligots Pool, And to Think I Saw It On Mulberry Street and On Beyond Zebra!.
Despite many of Dr Seuss’s books being beloved and praised for their positive values, the negative undertone now being brought to light is casting a shadow on this.
Schools have already begun to distance themselves from the work of Dr. Seuss, following research showing a strong undertone of racism being evident in some of his work. But they have not gone as far as to say the books are banned from schools.
The popular title The Cat in the Hat has also come under criticism but for now will continue to be published by Dr Seuss Enterprises’.
Did you grow up reading Dr Seuss books? What are your thoughts on this?
If you have any questions about this article or any other topic of law please call our team of experts on 1300 066 669.
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